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Translations  and  Reprints 

FROM   THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 


Voi,.  IV.  Documents  Ii^lustrative  of  Feudausm.  No.  3 

TABLE  OF  CONTENTS. 

PAOK 

PART  I.    THE  ORIGINS  OF  FEUDALISM,  A.  D.,  500-1100. 

I.        Personal  Dependence. 

1.  An  Anglo-Saxon  Formula  of  Commendation, 3 

2.  A  Prankish  Formula  of  Commendation, 3 

3.  Acceptance  of  an  Antrustion, 4 

4.  A  Charter  of  Guardianship, 4 

5.  Capitulary  concerning  Freemen  and  Vassals 5 

6.  Capitulary  of  Mersen, 5 

7.  Commendation,  from  Domesday  Book, 5 

II.  Dependent  Land  Tenure. 

1.  Gift  and  Return  as  a  Precaria, 6 

2.  Grants  of  Bishop  Oswald, 8 

3.  Change  from  Allodial  to  Feudal  Holding, 10 

III.  Private  Jurisdictions. 

1.  Immunity  for  Lands  of  a  Bishopric, 11 

2.  Immunity  to  a  Layman, 12 

3.  Anglo-Saxon  Grant  of  Immunity  ....        13 

4.  Capitulary  of  Kiersey, 14 

PART  II.     FEUDAL  INSTITUTIONS,  A.  D.,  1100-1400. 

I.        Grants  and  Acknowledgments  of  Fiefs. 

1.  Acknowledgment  of  Feudal  Tenure, 15 

2.  Grant  of  a  Fief,  A.  D.  1210, 15 

3.  Grant  of  a  Fief,  A.  D.  1167, 15 

4.  Feudal  Holdings, 16 

5.  Grant  of  a  Fief  of  Money, 17 

II.  Ceremony  of  Homage  and  Fealty. 

1.  Count  of  Flanders, 18 

2.  Homage  and  Fealty  of  Bernard  Atton, 18 

3.  Legal  Rules  for  Homage  and  Fealty, 20 

III.  Subinfeudation. 

1.  From  the  Exchequer  Rolls, 21 

2.  From  the  Hundred  Rolls, 22 

IV.  General  Duties  of  Lords  and  'Vassals. 

1.  Letter  from  Bishop  Fulbert, 23 

2.  From  an  English  Code, 24 

V.  Authority  op  Lord  over  Marriages. 

1.  Acknowledgment  of  Countess  of  Nevers, 24 

2.  From  Chronicle  of  Lambert, 25 

3.  Fees  for  License  to  Marry, 25 


TRANSLATIONS    AND    REPRINTS. 


TABI^E  OF  CONTENTS  CONTINUED. 


VI.  Wardship,  Relief  and  Aids. 

1.  Wardship,  from  the  Exchequer  Rolls, 26 

2.  Relief,  from  the  Exchequer  Rolls, 27 

3.  Acknowledgement  of  Relief, 27 

4.  Three  familiar  Aids, 28 

VII.  Military  Service. 

1.  An  Early  Summons, 28 

2.  Grant  to  a  Knight, 29 

3.  Service,  according  to  the  Hundred  Rolls, 29 

4.     AcknowledgmenL  of  Military  Duty, 29 

5.  Legal  Rules  for  Service, 30 

6.  Instance  of  Count  of  Champagne, 30 

7.  Answers  of  Tenants  to  Summons 31 

VIII.  Feudal  Justice. 

1.  English  Customs, 32 

2.  Royal  Writ  to  Secure  Jurisdiction, ^^ 

3.  Legal  Rules  for  Trial, 33 

4.  Instance  of  Condemnation, 33 

IX.  Right  of  Coinage. 

1.  Grant  of  the  Mint, 34 

2.  Promise  of  Restriction, 35 

X.  Forfeiture. 


I.  THE  ORIGINS  OF  FEUDALISM,  A.D.  500-1100. 

Feudalism  is  the  name  given  to  that  form  and  degree  of  organization  and  system 
in  European  society  which  existed  at  a  period  when  there  were  no  strong  central 
governments,  when  there  was  no  civil  equality  of  persons,  and  no  conception  of 
absolute  property  in  land.  The  absence  of  these  institutions  was  more  or  less 
characteristic  of  all  the  countries  of  western  Europe  from  the  ninth  to  the  four- 
teenth century.  Any  effort  to  illustrate  such  a  condition  of  society  by  contem- 
porary documents  is  necessarily  somewhat  fallacious,  for  Europe  was  above  all  else 
disorganized  and  anarchic,  while  formal  documents  always  give  an  impression  of 
order  and  regularity. 

On  the  other  hand  such  a  mere  dominion  of  force  as  has  been  spoken  of,  which 
certainly  tended  to  exist  when  the  more  orderly  conditions  of  the  period  of  the 
Roman  Empire  and  of  the  early  barbarian  monarchies  had  passed  away,  was  limited 
in  several  respects.  It  was  modified  notably  by  personal  alliances  of  lord  and  vas- 
sal, by  praedial  relations  of  landlord  and  tenant,  by  the  exercise  of  many  of  the 
powers  of  government  on  their  own  lands  by  nobles  one  or  more  stages  below  the 
national  ruler.  A  vast  number  of  documents,  edicts,  formulas,  and  contemporary 
records  illustrate  this  side  of  the  growth  of  Feudalism.  These  documents  show 
that  from  an  early  period  both  among  the  Romans  and  the  barbarians  a  habit  of 
forming  voluntaiy  personal  agreements  of  protection  on  the  one  hand  and  service 
on  the  other  between  a  superior  and  an  inferior  was  prevalent ;  secondly,    that 


COMMENDATION.  3 

the  definiteness  of  the  legal  Roman  idea  of  private  ownership  of  land  was  be- 
coming blunted,  and  the  communal  idea  of  its  ownership  by  the  clan  was  being 
lost,  so  that  they  were  both  superseded  by  an  ideal  of  beneficiary  or  undefined  land 
holding,  which  was  quite  satisfied  with  the  profitable  superiority  over  the  land  by 
its  lord  and  the  practical  use  of  it  by  its  ultimate  tenant,  without  raising  the  ques- 
tion of  its  actual  ownership  ;  and  thirdly,  that  the  power  of  local  nobles  and  the 
connivance  of  the  weak  central  government  combined  to  place  military,  judicial, 
and  even  certain  legislative  and  administrative  powers  in  the  hands  of  those  whose 
only  claim  to  them  was  that  they  were  lords  over  vassals  and  holders  of  lands. 

The  documents  in  Part  I,  are  intended  to  illustrate  these  three  customs,  which 
are  commonly  known  respectively  as  commendation,  the  creation  of  beneficies,  and 
the  grant  of  immunities. 

I.    THE  GROWTH  OF  PERSONAL  DEPENDENCE. 

I.       AN  ANGLO-SAXON  FORMULA  OF  COMMENDATION. 
Schmidt:  Gesetze  der  Angelsachsen,  p.  404.     Anglo-Saxon. 

Thus  shall  one  take  the  oath  of  fidelity  : 

By  the  Lord  before  whom  this  sanctuary  is  holy,  I  will  to  N.  be 
true  and  faithful,  and  love  all  which  he  loves  and  shun  all  which  he 
shuns,  according  to  the  laws  of  God  and  the  order  of  the  world.  Nor 
will  I  ever  with  will  or  action,  through  word  or  deed,  do  anything  which 
is  unpleasing  to  him,  on  condition  that  he  will  hold  to  me  as  I  shall  de- 
serve it,  and  that  he  will  perform  everything  as  it  was  in  our  agreement 
when  I  submitted  myself  to  him  and  chose  his  will. 

2.       A  FRANKISH  FORMULA  OF  COMMENDATION,  SEVENTH  CENTURY. 
Rozi^re:  Collection  de  Formules,  No.  XLIII,  Vol.  I,  p.  69.     Latin. 
Who  commends  himself  in  the  power  of  another : 
To  that  magnificent  lord  so  and  so,  I,  so  and  so.     Since  it  is  known 
familiarly  to  all  how  little  I  have  whence  to  feed  and  clothe  myself,    I 
have  therefore  petitioned  your  piety,  and  your  good- will  has  decreed  to 
me  that  I  should  hand  myself  over  or  commend  myself  to  your  guard- 
ianship, which  I  have  thereupon  done;  that  is  to  say  in  this  way,  that 
you  should  aid  and  succor  me  as  well  with  food  as  with  clothing,  accord- 
ing as  I  shall  be  able  to  serve  you  and  deserve  it. 

And  so  long  as  I  shall  live  I  ought  to  provide  service  and  honor 
to  you,  suitably  to  my  free  condition;  and  I  shall  not  during  the  time 
of  my  life  have  the  ability  to  withdraw  from  your  power  or  guardian- 
ship; but  must  remain  during  the  days  of  my  life  under  your  power  or 
defence.     Wherefore  it  is  proper  that  if  either  of  us  shall  wish  to  with- 


TRANBLATIONS   AND    REPRINTS. 


draw  himself  from  these   agreements,  he  shall  pay  so  many  shillings  to 
his  peer  (pari  sao)  and  tliis  agreement  shall  remain  unbroken. 

Wherefore  it  is  fitting  that  they  should  make  or  confirm  between 
themselves  two  letters  drawn  up  in  the  same  form  on  this  matter;  which 
they  have  thus  done. 


3.   ACCEPTANCE  OF  AN  ANTRUSTION,  SEVENTH  CENTURY. 

Rozidre  :  Collection  de  P'ormules,  No.  VIII,  Vol.  I,  p.  8.     Latin. 

It  is  right  that  those  who  offer  to  us  unbroken  fidelity  should  be 
protected  by  our  aid.  And  since  stich  and  mch  a  faithful  one  of  oure, 
by  the  favor  of  God,  coming  here  in  our  palax^e  with  his  arms,  has  seen 
fit  to  s\vear  trust  and  fidelity  to  us  in  our  hand,  therefore  we  decree 
and  command  by  the  present  precept  that  for  the  future  siich  and  such 
above  mentioned  be  counted  with  the  number  of  the  antrustions.  And 
if  anyone  perchance  should  prasume  to  kill  him,  let  him  know  that  he 
will  be  judged  guilty  of  his  wergild  of  600  shillings. 


4.      CHARTER  OF  GUARDIANSHIP  GRANTED  BY  THE  KING.       NINTH 

CENTURY. 
Roziere  :  Collection  de  Formules,  No.  XIII,  Vol.  I,  p.  14.     Latin. 

We  wish  it  to  be  known  to  all  our  faithful,  dwelling  in  the  parts  of 
Romania  and  Italy  that  certain  men  whose  names  are  such  and  suchy 
coming  into  our  presence  have  begged  and  prayed  us  that  on  account  of 
the  injuries  of  evil  men  we  should  take  them  under  the  security  of  our 
protection,  which  we  have  done  with  willingness.  On  this  account 
we  have  ordered  this  precept  of  our  authority  to  be  made  and  given  to 
them;  by  which  we  require  and  command  that  no  one  of  you  take  any- 
thing of  their  property  from  them  against  what  is  right,  or  presume  to 
prosecute  them  in  any  cause  unjustly;  but  it  is  allowed  to  them  under 
our  defence  and  protection  and  without  opposition  of  any  kind  to  live 
quietly  on  their  own  property.  And  if  any  causes  shall  have  arisen 
against  them  which  within  their  own  country  cannot  be  concluded  with- 
out heavy  and  unreasonable  expense,  we  will  that  these  be  suspended 
and  reserved  for  our  presence  till  they  may  receive  a  just  and  lawful 
final  sentence,  and  let  no  one  presume  to  deprive  them  of  the  oppor- 
tunity of  coming  to  us. 


COMMENDATION.  5 

5.      CAPITULARY  CONCERNING  FREEMEN  AND  VASSALS,  A.  D.  8x6. 
M.  G.  LL,  I,  196.     Latin. 

If  anyone  shall  wish  to  leave  his  lord  {seniorem,)  and  is  able  to 
prove  against  him  one  of  these  crimes,  that  is,  in  the  first  place,  if  the 
lord  has  wished  to  reduce  him  unjustly  into  servitude;  in  the  second 
place,  if  he  has  taken  counsel  against  his  life ;  in  the  third  place  if  the 
lord  has  committed  adultery  with  the  wife  of  his  vassal,  in  the  fourth 
place  if  he  has  wilfully  attacked  him  with  a  drawn  sword  ;  in  the  fifth 
place,  if  the  lord  has  been  able  to  bring  defence  to  his  vassal  after  he 
has  commended  his  hands  to  him,  and  has  not  done  so ;  it  is  allowed  to 
the  vassal  to  leave  him.  If  the  lord  has  perpetrated  anything  against 
the  vassal  in  these  five  points  it  is  allowed  the  vassal  to  leave  him. 

6.      CAPITULARY   OF   MERSEN,  A.  D.  847. 
M.  G.  LL.  I,  395.     Latin. 

We  will  moreover  that  each  free  man  in  our  kingdom  shall 
choose  a  lord,  from  us  or  our  faithful,  such  a  one  as  he  wishes. 

We  command  moreover  that  no  man  shall  leave  his  lord  without 
just  cause,  nor  should  any  one  receive  him,  except  in  such  a  way  as  was 
customary  in  the  time  of  our  predecessors. 

And  we  wish  you  to  know  that  we  want  to  grant  right  to  our  faith- 
ful subjects  and  we  do  not  wish  to  do  anything  to  them  against  reason. 
Similarly  we  admonish  you  and  the  rest  of  our  faithful  subjects  that  you 
grant  right  to  your  men  and  do  not  act  against  reason  toward  them. 

And  we  will  that  the  man  of  each  one  of  us  *  in  whosoever  king- 
dom he  is,  shall  go  with  his  lord  against  the  enemy,  or  in  his  other 
needs  unless  there  shall  have  been  (as  may  there  not  be)  such  an  inva- 
sion of  the  kingdom  as  is  called  a  landwer,  so  that  the  whole  people  of 
that  kingdom  shall  go  together  to  repel  it. 


7.     INSTANCES  OF  COMMENDATION  FROM  DOMESDAY   BOOK,  A.  D.  1085. 

The  reference  to  most  of  these  passages  is  due  to  Prof.  F.  W.  Maitland,  whose 
*^ Domesday  Book  and  Beyond,^*  \iB.s  entirely  transformed  the  study  of  early 
English  Feudalism,  as  of  so  many  other  elements  of  English  mediseval  history.  The 
same  remark  applies  to  Oswald's  Grants,  Document  II,  2,  p.  8. 


Lothar,  Lewis  and  Charles. 


6  TRANSLATIONS   AND   REPRINTS. 

In  Greenwich  were  two  free  men,  one  commended  to  King  Edward, 

the  other  to  Girth. 

Suffolk,  i,  347. 

In  the  borough*  Roger  has  thirty-three  men  commended  to  him 
whom  his  predecessor  held,  in  whom  he  had  nothing  except  commendation. 

Norfolk,  i,  173. 

In  Wantage  hundred  the  same  bishop  holds  from  the  king  one  hide 
and  a  half,  and  Tori  from  him.  The  father  of  Tori  held  it  in  the  time 
of  King  Edward,  and  was  able  to  go  whither  he  wished,  but  for  his  pro- 
tection he  committed  himself  to  bishop  Herman,  and  Tori  similarly  to 

bishop  Osmund. 

Berkshire,  i,  58. 

This  land  Edmund,  a  man  of  Earl  Harold,  held. 

Hertfordshire,  i,  133. 

In  Munehale  a  certain  Englishman  holds  from  Geoffrey  three 
virgates,  which  he  held  as  a  free  man  in  the  time  of  King  Edward  ;  and 
in  the  time  of  King  William  he  became  the  man  of  Geoffrey,  of  his  own 
free  will. 

Essex,  i,  62  b. 

In  Becham  one  free  man  holds  by  commendation  from  bishop  Almar 

80  acres  of  land. 

Norfolk,  i,  198  b. 

In  the  borough  there  were  943  burghers  in  the  time  of  King  Ed- 
ward. Of  these  the  king  has  the  whole  custom.  Of  these  men  there 
were  36  so  completely  in  the  domain  of  King  Edward  that  they  were 
not  able  to  be  the  men  of  any  one  without  the  license  of  the  king.  All 
the  rest  were  able  to  be  the  men  of  any  one,  but  the  custom  neverthe- 
less remained  to  the  king,  except  heriot. 

Thetford,  Norfolk,  i,  186  b. 


II.  THE  GROWTH  OF  DEPENDENT  LAND  TENURE. 

I.       GRANT  OF  LANDS   TO    A    MONASTERY,    AND   THEIR    RETURN    AS    A 
PRECARIA,  SEVENTH  CENTURY. 

Rozi^re :  Collection  de  Formules,  No.  CCCL,  Vol.  I,  p.  433-     Latin. 

I,  such  a  one,  in  the  name  of  God.     I  have  settled  in  my  mind  that 


1  Thetford. 


DEPENDENT   LAND   TENURE.  7 

I  ought,  for  the  good  of  my  soul,  to  make  a  gift  of  something  from  my 
possessions,  which  I  have  therefore  done.  And  this  is  what  I  hand 
over,  in  the  district  named  so  and  so,  in  the  place  of  which  the  name  is 
such  and  such,  all  those  possessions  of  mine  which  there  my  father  left 
me  at  his  death,  and  which  as  against  my  brothers  or  as  against  my  co- 
heirs the  lot  legitimately  brought  me  in  the  division ;  or  those  which  I 
was  able  afterward  to  add  to  them  in  any  way,  in  their  whole  complete- 
ness, that  is  to  say  the  courtyard  with  its  buildings,  with  slaves,  houses, 
lands  cultivated  and  uncultivated,  meadows,  woods,  waters,  mills,  etc. 
These,  as  I  have  before  said,  with  all  the  things  adjacent  or  appurtenant 
to  them  I  hand  over  to  the  church,  which  was  built  in  honor  of  such 
and  such  a  saint  to  the  monastery  which  is  called  so  and  so,  where  such 
and  such  an  abbott  is  acknowledged  to  rule  regularly  over  God's  flock ; 
on  these  conditions,  viz  :  That  so  long  as  life  remains  in  my  body,  the 
possessions  above  described  I  shall  receive  from  you  as  a  benefice  for 
usufruct,  ^nd  the  due  payment  I  will  make  to  you  and  your  successoi*s 
each  year,  that  is  so  and  so  much.  And  my  son  shall  have  the  same 
possessions  for  the  days  of  his  life  only,  and  shall  make  the  above  named 
payment ;  and  if  my  children  should  survive  me  they  shall  have  the 
same  possessions  during  the  days  of  their  life  and  shall  make  the  same 
payment ;  and  if  God  shall  give  me  a  son  from  a  legitimate  wife,  he 
shall  have  the  same  possessions  for  the  days  of  his  life  only,  afi;er  the 
death  of  whom  the  same  possessions  with  all  their  improvements  shall 
return  to  your  part  to  be  held  forever  ;  and  if  it  should  be  my  chance 
to  beget  sons  from  a  legitimate  marriage,  these  shall  hold  the  same  pos- 
sessions after  my  death,  making  the  above  named  payment,  during  the 
time  of  their  lives.  If  not,  however,  after  my  death,  without  tergiversa- 
tion of  any  kind,  by  right  of  your  authority,  the  same  possessions  shall 
revert  to  you  to  be  retained  forever.  If  any  one,  however,  which  I  do 
not  believe  will  ever  occur,  if  I  myself  or  any  other  person  shall  wish 
to  violate  the  firmness  and  validity  of  this  grant,  the  order  of  truth  op- 
posing him,  may  his  falsity  in  no  degree  succeed  ;  and  for  his  bold  at- 
tempt may  he  pay  to  the  aforesaid  monastery  double  the  amount  which 
his  ill-ordered  cupidity  has  been  prevented  from  abstracting  ;  and  more- 
over let  him  be  culpable  to  the  royal  authority  for  such  and  such  an 
amount  of  gold ;  and,  nevertheless,  let  the  present  charter  remain  in- 
violate with  all  that  it  contains,  with  the  witnesses  placed  below. 

Done  in  such  and  such  a  place,  publicly,  those  who  are  noted  below 
being  present,  or  the  remaining  innumerable  multitude  of  people. 


8  TRANSLATIONS   AND   REPRINTS. 

In  the  name  of  God,  I,  abbott  so  and  so,  with  our  commissioned 
brethren.  Since  it  is  not  unknown  how  you,  such  and  such  a  one,  by  the 
suggestion  of  divine  exhortation  did  grant  to  such  and  such  a  mon- 
astery, to  the  church  which  is  known  to  be  constructed  in  honor  of  such 
and  such  a  saint,  where  we  by  God's  authority  exercise  our  pastoral 
care,  all  your  possessions  which  you  seemed  to  have  in  the  district 
named,  in  the  vill  named,  which  your  father  on  his  death  bequeathed 
to  you  there,  or  which  by  your  own  labor  you  were  able  to  gain  there, 
or  which  as  against  your  brother  or  against  such  and  such  a  co-heir,  a 
just  division  gave  you,  with  courtyard  and  buildings,  gardens  and  or- 
chards, with  various  slaves,  so  and  so  by  name,  houses,  lands,  meadows, 
woods,  cultivated  and  uncultivated,  or  with  all  the  dependencies  and 
appurtenances  belonging  to  it,  which  it  would  be  extremely  long  to  enu- 
merate, in  all  their  completeness ;  but  afterwards,  at  your  request,  it  has 
seemed  proper  to  us  to  cede  to  you  the  same  possessions  to  be  held  for 
usufruct ;  and  you  will  not  neglect  to  pay  at  annual  periods  the  due 
censum  hence,  that  is  so  and  so  much.  And  if  God  should  give  you  a  son 
by  your  legal  wife,  he  shall  have  the  same  possessions  for  the  days  of 
his  life  only,  and  shall  not  presume  to  neglect  the  above  named  pay- 
ment, and  similarly  your  sons  which  you  are  seen  to  have  at  present, 
shall  do  for  the  days  of  their  life ;  after  the  death  of  whom  all  the  pos- 
sessions above  named  shall  revert  to  us  and  our  successors  perpetually. 
Moreover,  if  no  sons  shall  have  been  begotten  by  you,  immediately  after 
your  death,  without  any  prejudicial  contention,  they  shall  revert  to  the 
rulers  or  guardians  of  the  above  named  church,  forever,  Nor  may  any 
one,  either  ourselves  or  our  successors,  be  successful  in  a  rash  attempt 
inordinately  to  destroy  these  agreements,  but  just  as  the  time  has  de- 
manded in  the  present  precaria,  may  that  be  sure  to  endure  unchanged 
which  we,  with  the  consent  of  our  brothers,  have  decided  to  corroborate. 

Done  in  such  and  such  a  place,  in  the  presence  of  so  and  so  and  of 
others  whom  it  is  not  worth  while  to  enumerate.  Seal  of  the  same  ab- 
bott, who  has  ordered  this  precaria  to  be  made. 

2.    Oswald's  grants  of  subject-lands,  a.  d.,  970. 

Kemble  :  Saxons  in  England,  I,  517-19.     Latin. 

To  my  dearest  lord  Edgar,  King  of  the  English,  I,  Oswald,  bishop 
of  the  church  of  Worcester,  return  thanks  before  God  and  men  for  all 
the  gifts  which  by  your  clemency  have  been  granted, to  me.     Therefore, 


OSWALD*S   GRANTS.  9 

if  the  mercy  of  God  will  allow,  before  God  and  men  will  I  always  re- 
main faithful  to  you,  remembering  in  my  gratitude  your  abundant  good. 
ness,  in  granting  to  me  that  which  I  desired  so  deeply,  and  taking  up 
my  quarrel  and  that  of  the  holy  church  of  God.  This  you  did  through 
the  aid  and  intervention  of  my  spokesmen,  the  most  reverend  archbishop 
Dunstan,  and  the  venerable  Aethelwold,  bishop  of  Winchester,  and  that 
magnificent  man,  Earl  Brihtnoth ;  and  in  accordance  with  the  counsel 
of  his  wise  men  and  magnates  decided  it  justly,  and  to  the  sustentation 
of  the  church  which  he  graciously  committed  to  me  to  rule.  Wherefore,  in 
what  manner  with  the  lands  which  were  handed  over  to  my  power,  I 
have  endowed  my  dependents,  for  the  space  of  life  of  three  men,  that  is 
of  two  heirs  after  themselves,  with  the  license  and  attestation  of  the 
same  my  lord  king,  it  has  pleased  both  myself  and  my  helpei"s  and 
counsellors  to  explain  openly  through  the  form  of  a  chirograph  to  my 
brethren  and  successors,  that  is  the  bishops.  They  will  thus  know  what 
oughtj  ustly  to  be  required  from  them  according  to  the  agreement  made  with 
them  and  with  their  promise.  I  have  also  been  careful  to  compose  this 
letter  by  way  of  caution,  lest  any  one  in  the  future,  instigated  by  wicked 
cupidity,  and  desiring  to  change  this,  should  renounce  the  service  of  the 
church.  So  this  agreement  was  made  with  them,  the  same  my  lord 
king  approving  and  by  his  attestation  corroborating  and  confirming  the 
greatness  of  his  munificence,  all  the  wise  men  and  magnates  of  his  court 
attesting  and  consenting. 

With  this  agreement  I  have  conceded  to  them  the  lands  of  holy 
church  to  be  held  under  me,  that  is  that  all  the  law  of  riding  which 
pertains  to  equites  should  be  fulfilled  by  them  ;  and  that  they  should 
fully  perform  all  those  things  which  justly  belong  to  the  right  of  the 
same  church,  that  is  to  say  those  things  which  in  English  are  called 
churchscot  and  toll  (that  is  theloneum),  and  tac  (that  \s  swiiisceade,)  and 
other  rights  of  the  church,  unless  the  bishop  shall  wish  to  pardon  any- 
thing to  any  one  of  them  ;  and  they  must,  moreover,  aflSrm  with  an  oath 
that  so  long  as  they  hold  his  lands  they  will  continue  humbly  in  all 
subjection  to  the  commands  of  the  bishop.  Besides  this,  moreover,  they 
shall  provide  themselves  ready  for  every  need  of  the  bishop  ;  they  shall 
provide  horses,  they  themselves  shall  ride  ;  and  for  all  the  burning  of 
lime  for  the  need  of  the  church  and  for  the  building  of  the  bridge  they  shall 
be  found  ready  ;  moreover  they  shall  provide,  of  their  own  accord,  for 
building  the  hunting  lodge  of  the  lord  bishop,  and  shall  turn  their  own 
spears  to  hunting  whenever  it  shall  please  the  lord  bishop.     Moreover, 


lO  TRANSLATIONS   AND   REPRINTS. 

for  the  many  other  occasions  of  need  which  the  lord  bishop  often  re- 
quires, either  for  his  own  service  or  to  fulfill  that  to  the  king,  they 
should  always  be  subjected  in  all  humility  to  the  governance  of  that 
leader  and  to  the  will  of  whomsoever  presides  over  the  episcopal  office, 
on  account  of  the  benefices  which  have  been  granted  to  them,  according  to 
his  will  and  according  to  the  quantity  of  lands  which  each  one  possesses. 

When  the  aforesaid  course  of  time  shall  have  pa-ssed  away,  that  is 
to  say,  the  period  of  life  of  two  heire  after  those  wlio  now  p<jssess  them,  it 
shall  re^t  with  the  judgment  of  the  same  bishop  as  to  what  he  wishes, 
and  whatever  his  will  is,  so  it  shall  stand,  either  to  retain  these  to  his 
own  need,  if  so  he  shall  judge  it  is  useful  to  him,  or  to  grant  them  for 
a  longer  time  to  any  one  if  it  shall  so  seem  gooil  to  him,  so,  neverthe- 
less, that  the  service  of  the  church  shall  always,  as  we  have  said  alwve, 
be  fully  provided  for. 

But  if  any  of  those  rights  mentioned  above  shall  have  failed  be- 
cause of  the  crime  of  any  one  misrepresenting,  let  him  atone  for  the 
crime  of  his  misrepresentation  according  to  the  right  of  the  bishop,  or 
let  him  be  deprived  of  that  gift  and  land  which  he  before  had  control  of. 
If  there  should  be  any  one,  tempted  by  the  devil,  (as  we  should  hope  not) 
who,  by  means  of  our  benefice,  should  attempt  by  fraud  to  deprive  the 
church  of  God,  either  of  its  property  or  of  its  due  service,  let  him  be  de- 
prived of  our  benediction  and  of  all  blessing  of  God  and  his  saints,  un- 
less by  the  most  profound  repentance,  he  hastens  to  correct  it  aiid  re- 
stores to  its  original  condition  what  he  has  defrauded  it  of;  for  it  is 
written  :  "robbers  and  sacrilegious  men  shall  not  reach  the  kingdom  of 
God."  Now,  however,  for  the  sake  of  Grod  and  Holy  Mary,  in  whose 
name  this  monastery  is  endowed,  I  advise  and  require  that  in  no  way 
should  any  one  venture  to  wrest  this,  but  as  by  us  it  has  been  established, 
as  we  have  described  above,  so  let  it  remain  forever.  He  who  keeps 
this  let  him  be  filled  with  all  benediction  ;  he,  however,  who  infringes 
it  let  him  be  cursed  by  the  Lord  and  all  saints,  Amen. 


3.       CHANGE  FROM  ALLODIAL  TO  FEUDAL   HOLDING. 

Quantin  :  Recueil  de  Pieces  du  XIII  Si^cle,  No.  631,  pp.  310-11.     Latin. 

This  instance  of  the  original  entrance  of  a  piece  of  land  into  feudal  relations 
is  of  course  at  a  date  centuries  after  feudal  tenure  had  become  characteristic  of  most 
of  the  land  of  Europe,  but  it  seems  to  be  typical  of  conditions  even  at  this  late  pe- 
riod, in  the  south  of  France.     See  discussion  in  Luchaire  and  in  Boutaric. 


PRIVATE   JURISDICrriONS.  II 

To  all  who  shall  see  the  present  letters,  the  Official  of  Auxerre, 
greeting.  Let  all  know,  that  standing  in  presence  William  de  la 
Foret,  knight,  and  Agnes,  his  wife,  asserting  firmly  that  they  hold  and 
possess  in  free  allod  the  property  noted  below  ;  viz  :  the  arpent  of  vines, 
situated  in  the  vineyard  of  Chablis,  in  the  place  which  is  called  the 
Close,  between  the  vines  of  William  Berner,  on  the  one  side  and  the 

vines  of  the  late   Pariot,  on  the  other,     ^ also 

all  other  things  which  they  possessed  and  held  in  free  allod,  as  they  said, 
and  still  hold  and  possess  within  the  boundaries  of  Chablis,  of  Chichiac, 
of  Milli,  of  Ponche,  of  Bena  and  of  Chapelle,  the  direct  and  hereditary 
holdings  of  the  same  Agnes  wherever  they  may  be  within  the  same 
boundaries,  and  whatsoever ;  by  their  common  consent  and  will,  after 
previous  deliberation  they  have  placed  altogether  in  the  fee  of  the  church 
of  St.  Martin  of  Tours,  and  in  fee,  for  the  future  have  wished  to  hold 
and  possess  firmly  from  the  said  church. 

They  promise,  on  their  fealty  offered  by  their  bodies,  that  they  hold 
and  will  hold  the  things  aforesaid  and  expressed  above,  with  all  other 
things  which  they  hold  and  possess  within  the  said  boundaries  wherever 
they  may  be  and  whatsoever,  for  the  future,  from  the  said  church  in 
fee,  and  to  the  same  church  in  future,  by  reason  of  the  same  property 
will  provide  feudal  service  as  they  ought  to  provide  it,  just  as  others 
holding  in  fee  are  accustomed  to  hold  and  are  bound  to  give  or  provide. 
Given  A.  D.  1267,  Wednesday  after  the  Ascension  of  the  Lord. 


IIL     PRIVATE  JURISDICTIONS. 

I.  GRANT  OF  IMMUNITY  FOR  THE  LANDS  OF  A  BISHOPRIC. 
Rozi^re  :  Recueil  de  Formules,  No.  XVI,  Vol.  I,  p.  17.  Latin. 
We  believe  that  it  increases  the  great  memorial  of  our  realm,  if  with 
benevolent  deliberation  we  concede  opportune  benefits  to  the  places 
of  the  churches  or  to  any  one  you  nmy  narney  and  under  the  protection 
of  the  Lord,  write  them  down  to  endure  in  stability.  Therefoi-e,  may 
your  zeal  know  that  we  have  seen  fit  upon  petition  to  grant  such 
a  benefit,  for  our  eternal  reward,  to  that  apostolic  man,  lord  so  and  so, 
bishop  of  such  and  such  a  city;  that  in  the  vills  of  the  church  of  that 

*  The  charter  continues  to  describe  some  20  pieces  of  vineyard,  meadow  and 
arable  land,  certain  houses,  and  rents  in  wine  and  grain,  the  property  being  situated 
apparently  in  six  different  villages. 


12  TRANSLATIONS   AND   REFRINT8. 

lord,  which  in  recent  times,  or  in  ours,  or  hy  the  gift  of  any  one,  he  i» 
seen  to  have,  or  which  in  the  future  godly  piety  shall  wish  to  amplify  in 
the  right  of  that  holy  place,  no  public  judge  shall  at  any  time  presume 
to  enter  for  the  hearing  of  causes  or  for  the  exaction  of  payments,  but  the 
prelate  himself  or  his  successors  for  the  name  of  the  Lord  shall  be  able 
to  rule  over  this  under  the  name  of  a  complete  corporation.  We  require, 
therefore,  that  neither  you  nor  your  subordinates  nor  your  successors 
nor  any  public  judicial  power  should  presume  at  any  time  to  enter  into 
the  vills  of  the  same  church  anywhere  in  our  kingdom,  either  those 
granted  by  royal  bounty  or  by  that  of  private  persons  or  those  which  shall 
in  future  be  granted;  either  for  the  sake  of  hearing  altercations  or 
to  exact  fines  for  any  causes,  or  to  obtain  sureties.  But  whatever  the 
Treasury  could  expect  either  of  fines  or  other  things  either  from  free- 
men or  from  servants  and  other  nations  who  are  within  the  fields  or 
boundaries  or  dwelling  upon  the  lands  of  the  aforesaid  church  ;  by  our 
indulgence  for  our  future  welfere,  shall  be  profitable  for  the  expenses 
of  the  same  church  by  the  hand  of  those  ruling  it,  forever.  And  what 
we  for  the  name  of  God  and  the  remedy  of  our  soul  and  that  of  our 
progeny  who  shall  follow  us  have  granted  from  full  devotion,  let  not 
the  royal  sublimity,  in  the  reckless  cupidity  of  any  of  the  judges  be 
tempted  to  break.  And,  in  order  that  the  present  authority  may, 
by  the  aid  of  God,  remain  inviolate  in  present  as  in  future  times  we  have 
ordered  this  to  be  corroborated  below  by  the  subscription  of  our  hand. 

2.  GRANT  OF  IMMUNITY  TO  A  LAYMAN,  SEVENTH  CENTURY. 
Roziere  :  Recueil  de  Formules,  No.  CXLVII.  Vol.  I,  p.  185.  Latin. 
Therefore,  may  your  greatness  or  perseverance  know  that  we  have 
seen  fit  to  concede  by  our  ready  will  to  such  and  such  an  illustrious 
man,  the  vill  named  so  and  so.  situated  in  such  and  such  a  district, 
completely  with  its  whole  proper  boundary,  as  it  has  been  possessed  by 
such  and  such  a  one  or  by  our  treasury,  or  is  possessed  at  this  present 
time.  Wherefore,  by  our  present  authority  we  have  decreed  what  we 
command  shall  be  kept  forever,  that  the  man  aforesaid,  so  and  so, 
should  have  conceded  to  him  su^h  and  such  a  vill  as  we  have  said,  in  its 
entirety,  with  the  lands,  houses,  buildings,  villeins,  slaves,  vineyards, 
woods,  fields,  meadows,  pastures,  waters  or  watercourses,  grist  mills,  ad- 
ditions, appurtenances,  or  any  kind  of  men  who  are  subjected  to  our 
treasury  who  dwell  there  ;  in  entire  immunity,  and  without  the  entrance 


GRANT  OP   IMMUNITY.  I3 

of  any  one  of  the  judges  for  the  purpose  of  holding  the  pleas  of  any  kind 
of  causes.  Thus  he  may  have,  hold,  and  possess  it  in  proprietary  right 
and  without  expecting  the  entrance  of  any  of  the  judges  ;  and  may  leave 
the  possession  of  it  to  his  posterity,  by  the  aid  of  God,  from  our  bounty, 
or  to  whom  he  will ;  and  by  our  permission  he  shall  have  free  ix)wer  to 
do  whatever  he  may  wish  with  it  for  the  future.  And  in  order  that 
this  authority  may  be  held  as  more  firm,  we  have  decreed  it  to  be  cor- 
roborated below  with  our  own  hand. 

3.    ANGLO-SAXON    GRANT   OF   IMMUNITY,    A.  D.,    IO53. 

Thorpe  :  Diplomatarium  Anglicum,  p.  368.  Anglo-Saxon. 
Such  grants  as  the  following  have  not  usually  been  recognized  as  grants  of 
immunity,  and  our  ignorance  as  to  the  exact  significance  of  the  Anglo-Saxon  tech- 
nical terms  employed  makes  it  impossible  to  decide  the  extent  of  the  exemptions 
granted.  But  there  seems  to  be  no  doubt  that  the  result  of  such  a  grant  was  to 
give  the  recipients  the  right  to  all  the  profits  of  justice,  and  exemption  from  the  in- 
trusion of  royal  officials,  and  therefore  inferentially  the  right  and  duty  of  holding 
courts  and  exercising  other  forms  of  jurisdiction.  See  Maitland  :  ^*Dofnesday 
Book  and  Beyond^ ' '  especially  Essay  II,  sect.  3. 

I,  King  Edward,  greet  bishop  Wulfwig  and  earl  Gyrth  and  all  my 
thanes  in  Oxfordshire  amicably,  and  I  make  known  to  you  that  I  have 
given  to  Christ  and  Saint  Peter  in  Westminster,  the  village  in  which  I 
was  bom,  by  name  Islip,  and  a  half-hide  at  Mai*sh,  scot-free  and  rent 
free,  with  all  the  things  which  thereto  belong,  in  wood  and  in  field,  in 
mead  and  in  water,  with  church  and  with  church  socn,  as  full  and  as 
complete  and  as  free  as  it  stood  in  my  own  hand,  and  as  Aelfgifu  Em- 
ma, my  mother,  gave  it  to  me  at  my  birthday,  as  a  first  gift,  and  nat- 
urally bequeathed  it.  And  I  give  them,  moreover,  sac  and  socn, 
toll  and  team,  and  infangenethe  of  and  bloodwite  and  wardwite  and 
hamsocu,  and  foresteal,  grithbryce  and  mundbryce,  and  all  the  rights 
which  to  me  belong.  I  now  greet  well  my  beloved  kinsman  at  Walling- 
ford,  and  I  enjoin  thee  that  thou  in  my  stead  deliver  that  land  into  the 
possession  of  the  saint,  for  I  will  on  no  account  allow  that  any  man 
have  any  authority  there,  in  any  thing  or  at  any  times,  except  the  ab- 
bot and  the  brethren,  for  the  monastery's  necessary  requirements.  And 
whoso  shall  faithfully  hold  this  alms  may  God  and  God's  mother  hold 
him  in  everlasting  bliss.  And  whoso  shall  turn  it  aside,  be  he  turned 
aside  from  God  to  the  rigid  tortures  of  hell's  inmates,  unless  he  in  this 
earth  the  more  rigidly  make  amends.  Grod  and  St.  Peter's  favor  pre- 
serve you. 


14  TRANSLATIONS   AND    REPRINTS. 

4.    FROM   THE   CAPITULARY    OF    KIER8EY,    A.  D.,  877. 
M.  G.,  LL.,  Vol.  I,  p.  542.       Latin. 

If  a  count  of  this  kingdom,  whose  son  is  with  us,  shall  die,  our  son 
with  the  rest  of  our  faithful  shall  apfxjint  some  one  of  the  nearest  rela- 
tives of  the  same  count,  who,  along  with  the  officials  of  his  province  and 
with  the  bishop  in  whose  diocese  the  same  province  is,  shall  administer 
that  province  until  announcement  is  made  to  us,  so  that  we  may  honor  his 
son  who  is  witli  us  with  his  honors. 

If,  however,  he  had  a  minor  son,  this  same  son,  along  with  the 
officials  of  that  province  and  with  the  bishop  in  whose  di(x;ese  it  is,  shall 
make  provision  for  the  same  province  until  the  notice  of  the  death  of  the 
same  count  shall  come  to  us,  that  his  son  may  be  honored,  by  our  con- 
cession, with  his  honors. 

If,  however,  he  had  no  son,  our  son  along  with  the  rest  of  the  faith- 
ful, shall  take  charge,  \vho,  along  with  the  officials  of  the  same  province 
and  with  the  proper  bishop  shall  make  provision  for  the  same  province 
until  our  order  may  be  made  in  regard  to  it.  Tlierefore,  let  him  not 
be  angry  who  shall  provide  for  the  province  if  we  give  the  same  pro- 
vince to  anotlier  whom  it  pleases  us,  rather  than  to  him  who  has  so  far 
provided  for  it. 

Similarly  also  shall  this  be  done  concerning  our  vassals.  And  we 
will  and  command  that  as  well  the  bishops  as  the  abbots  and  the  counts, 
and  any  others  of  our  faithful  also,  shall  study  to  preserve  this  toward 
their  men. 


II.     FEUDAL  INSTITUTIONS,  A.  D.  1 100-1400. 

The  relation  of  lord  and  vassal,  the  engagements  between  lord  and  tenant,  and 
the  feudal  possession  of  political  powers,  as  time  passed  on,  obtained  a  greater 
amount  of  fixedness  and  uniformity.  That  is  to  say,  there  came  to  be  well-defined 
feudal  institutions  in  existence.  Moreover,  in  local  tradition,  in  documentary 
formulas,  in  charters  issued  by  kings  or  great  feudal  lords,  and  finally  in  legal 
treatises,  such  as  the  Coutunners  of  various  French  provinces,  the  Sachsenspiegel ^ 
or  the  Libri  Feudorum^  there  grew  up  a  body  of  established  feudal  law  or 
custom  which  could  be  appealed  to  as  authoritative.  Thus  by  the  thirteenth  cen- 
tury Feudalism,  as  far  as  it  extended,  was  a  tolerably  regular  system.  But  by  this 
time  also  many  non-feudal  influences  were  already  growing  in  strength.  The  cen- 
tralized monarchies,  city  life,  the  system  of  national  estates,  commerce,  manufac- 
tures, money  capital,  were  increasing  in  influence  while  feudal  institutions  were 
both  absolutely  and  relatively  losing  in  importance.  Feudalism  therefore  merely 
bridges  over  the  chasm  lying  between  one  set  of  orderly  institutions,   those  of  the 


GRANTS   OF    FIEFS.  I5 

Roman  Empire  and  the  early  barbarian  monarchies,  and  another,  those  of  the  re- 
viving national  monarchies  of  the  thirteenth  and  subsequent  centuries.  The  docu- 
ments in  Part  II  are  intended  to  illustrate  feudal  institutions  as  they  took  shape  in 
the  twelfth  and  thirteenth  centuries. 

I.     GRANTS  AND  ACKNOWLEDGMENTS  OF  FIEFS. 

I.  ACKNOWLEDGMENT  OF  FEUDAL  TENURE,  A.  D.  I220. 
Quantin,  Recueil  de  Pieces  du  XIII  Si^cle  No.  264,  p.  1 16.  Latin. 
I,  Guy,  lord  of  Maligny,  make  known  to  all  who  shall  see  this 
present  letter  that  I  hold  from  the  count  of  Champagne,  the  chateau 
of  Maligny,  and  the  manors  which  are  subject  to  the  jurisdiction  of  and 
liable  to  revert  to  the  same  count  at  small  and  great  force,  and  the 
knights'  fees  which  are  held  from  Maligny,  and  whatever  I  have  at  La 
Chapelle,  near  Maligny,  and  whatever  I  have  at  Beine,  except  Henry 
and  his  family,  and  Sir  Guy  of  Montreal,  and  whatever  I  have  at 
Chablis,  which  is  in  the  name  of  my  wife.  And  that  this  may  be  known 
for  the  future  I  have  strengthened  the  present  letter  with  the  support 
of  my  seal.  Given  in  the  year  of  grace  1220,  in  the  month  of 
February. 

2.  GRANT   OF    A    FIEF,    A.  D.,    I200. 
Quantin:  Recueil  de  Pieces  du  XIII  Si^cle,  No.  2.     Latin. 

I,  Thiebault,  count  palatine  of  Troyes,  make  known  to  those  present 
and  to  come  that  I  have  given  in  fee  to  Jocelyn  d'Avalon  and  his  heirs 
the  manor  which  is  called  Gillencourt,  which  is  of  the  castellanerie  of 
La  Ferte  sur  Aube  ;  and  whatever  the  same  Jocelyn  shall  be  able  to 
acquire  in  the  same  manor  I  have  granted  to  him  and  his  heirs  in  aug- 
mentation of  that  fief.  I  have  granted,  moreover,  to  him  that  in  no 
free  manor  of  mine  will  I  retain  men  who  are  of  this  gift.  The  same 
Jocelyn,  moreover,  on  account  of  this  has  become  my  liege  man,  saving 
however,  his  allegiance  to  Gerard  d'Arcy,  and  to  the  lord  duke  of  Bur- 
gundy, and  to  Peter,  count  of  Auxerre.  Done  atChouaude,  by  my  own 
witness,  in  the  year  of  the  Incarnation  of  our  Lord  1200  in  the  month 
of  January.     Given  by  the  hand  of  Walter,  my  chancellor ;  note  of  Milo. 

3.  GRANT   OF   A    FIEF,  A.  D.,    II 67. 

Brussel:  Usage  des  Fiefs,  I,  3,  note.     Latin. 

In  the  name  of  the  Holy  and  Undivided  Trinity,  Amen.  I,  Louis, 
by  the  grace  of  God,  king  of  the  French,  make  known  to  all  present  as 


1 6  TRANSLATIONS   AND   REPRINTS. 

well  as  to  come,  that  at  Maiite  in  our  presence,  Count  Henry  of  Cliarn- 
pague  conceded  the  tiefof  Saviguy  to  Bartholomew,  bishop  of  Beauvais, 
and  his  successors.  And  for  that  fief  the  said  bishop  has  made  promise 
and  engagement  for  one  knight  and  justice  and  service  to  Count  Henry; 
and  he  has  also  agreed  that  the  bishops  who  shall  come  after  him  will  do 
likewise.  In  order  that  this  may  be  understood  and  known  to  posterity 
we  have  caused  the  present  charter  to  be  corroborated  by  our  seal ;  done 
at  Mante,  in  the  year  of  the  Incarnate  Word  1167  ;  present  in  our 
palace  those  whose  names  and  seals  are  appended :  seal  of  count  Thie- 
bault,  our  steward;  seal  of  Guy,  the  butler;  seal  of  Matthew,  the  cham- 
berlain ;  seal  of  Ralph,  the  constable.  Given  by  the  hand  of  Hugh, 
the  chancellor. 

4.   FEUDAL  HOLDINGS  IN  ENGLAND,  A.  D.  II 66. 

Red  Book  of  the  Exchequer,  Rolls  Series,  Vol.  I,  pp.  246,  342,  312,  313.  Latin, 
In  1 166  an  order  seems  to  have  been  sent  out  from  the  royal  Exchequer  in 
England  requiring  all  tenants-in-chief  to  make  formal  report  to  the  king  of  the 
number  and  names  of  the  subtenants  who  had  been  enfeoffed  on  their  lands  previ- 
ous to  1 135,  of  those  subsequently,  and  of  the  number  they  owed  to  the  king  from 
their  lands  in  addition  to  these  military  subtenants.  The  returns  to  this  summons, 
which  give  exceedmgly  valuable  information  for  the  military  side  of  feudalism,  are 
preserved  in  the  "Red  Bookof  the  Exchequer,"  lately  published  in  the  Rolls  Series, 
and  interpreted  by  Mr.  J.  H.  Round  in  his  work  entitled  '■^Feudal  England^^^ 
especially  pp.  236  fif. 

To  his  dearest  lord  Henry,  by  the  grace  of  God  king  of  the  Eng- 
lish, William  of  London,  greeting : 

Know  that  I  have  no  knight  enfeoffed  of  old  or  recently,  but  I 
ought  to  defend  my  fief  with  the  service  of  my  body. 

To  Henry,  by  the  grace  of  God  king  of  the  English,  Peter  de 
Mare,  greeting: 

Let  it  be  known  to  you  that  I  hold  Lavington,  by  your  grace,  in 
domain,  for  the  service  of  two  knights.  But  I  have  no  knight  enfeoffed 
there,  either  by  old  or  recent  feoffment. 

To  Henry,  king  of  the  English,  duke  of  the  Normans  and  Aquita- 
nians,  and  count  of  the  Angevins,  Roger  de  Burun,  greeting : 

Concerning  my  knights  in  the  time  of  king  Henry,  know  this  to  be 
true :  W.  de  Heriz  holds  two  knights'  fees ;  Roger  de  uordingestoke 
two  knights'  fees ;  Patrick  de  Rosel,  one  knights'  fee  ;  and  Albert,  whom 
my  father  enfeoffed  after  the  death  of  king  Henry,  one  knights'  fee. 
And  I  myself  fulfill  the  service  of  four  knights  from  my  domain. 


GRANTS   OF   FIEFS.  1 7 

Earl  Walter  Giffard  *  had  these  knights  enfeoffed  in  old  feoffment ; 
Hugh  Boleheche  owed  the  earl  the  service  of  twenty  knights ;  Geoffrey 
Fitz- William,  of  twenty-seven  knights ;  Manasser  Bisset,  of  one  knight ; 
William  de  Saukeville,  of  one  knight;  Hugh  de  Noers,  of  one  knight; 
Gerard  de  Granville,  of  three  knights ;  Wido  de  Rocheford,  of  three 
knights ;  Richard  Talbot,  of  two  knights ;  William  Passeleue,  of  three 
knights;  William  Buteri,  of  five  knights;  Peter  Corbuzone,  of  five 
knights;  Richard  Fitz-Mabel,  of  four  knights;  Gerard  de  Reddenham, 
of  two  knights ;  Walter  de  Weston,  of  two  knights ;  Jordan  de  Belnair, 
of  two  knights ;  Pagan  de  Dertone,  of  one  knight ;  Henry  de  Oyli,  of 
one  knight;  Hugh  de  Cresi,  of  one  knight;  Elias  Giffard,  of  two  knights. 
Robert  de  Neville,  of  one  knight ;  Ralph  de  Lucinton,  of  one  knight ; 
Matilda  de  Bee,  of  one  knight ;  the  son  of  William  Fitz-Roger,  of  one 
knight;  Hamo  Fitz-Bener,  of  half  a  knight ;  Roger  de  St.  Faith,  of  half 
a  knight ;  Robert  de  Bedford,  of  half  a  knight ;  Sawalle  de  Crendon, 
of  half  a  knight,  supported  by  the  earl ;  Gerard  de  Bodingham,  of  half 
a  knight;  Alan  de  Bodingham,  of  half  a  knight;  Adam  de  St.  Law- 
rence, of  half  a  knight :  Richar  de  Witewelle,  of  half  a  knight ;  Richard 
Makerel,  of  half  a  knight.  Of  recent  feoffment,  Hugh  de  Millville  has 
the  fee  of  half  a  knight;  William  Cokerel,  of  half  a  knight;  William 
de  Bureville,  of  half  a  knight 


5.  GRANT  OF  A  FIEF  OF  MONEY,  A.  D.,  I380. 
Boutaric;  Institutions  Militaires  de  la  France,  p.  121.  Latin. 
We,  Regnault  de  Fauquemont,  knight,  lord  of  Bournes  and  of 
Sitter,  make  known  to  all  by  these  presents,  that  we  have  become  liege 
man  of  the  king  of  France,  our  lord,  and  to  him  have  made  faith  and 
homage  because  of  1000  livres  of  Tours  of  income  which  he  has  given 
to  us  during  our  life,  to  be  drawn  from  his  treasury  at  Paris.  And  we 
have  promised  to  him  and  do  promise  by  these  presents  to  serve  him 
loyally  and  well  in  his  wars  and  otherwise  against  all  who  can  live  and 
die,  in  the  form  and  manner  in  which  a  good  and  loyal  subject  ought 
to  serve  his  sovereign  lord.  In  testimony  of  which  we  have  put  our 
«eal  to  these  present  letters.  Given  at  Paris,  the  15th  day  of  June,  the 
year  1380. 


*■  Earl  of  Buckinghamshire, 


1 8  TRANSLATIONS  AND  REPRINTS. 

II.     THE  CEREMONY  OF  HOMAGE  AND   FEALTY. 

I.       HOMAGE   AND   FEALTY   TO   COUNT   OF    FLANDERS,    A.    D.,    II 27. 

Galbert  de  Bruges,  Chronicle  of  the  Death  of  Charles  the  Good, 

Ed.  by  Pirenne,  p.  89.     Latin. 

Through  the  whole  remaining  part  of  the  day  those  who  had  been 
previously  enfeoffed  by  the  most  pious  count  Charles,  did  homage  to 
the  count,  taking  up  now  again  their  fiefs  and  offices  and  whatever  they 
had  before  rightfully  and  legitimately  obtained.  On  Thursday  the 
seventh  of  April,  homages  were  again  made  to  the  count  being  com- 
pleted in  the  following  order  of  faith  and  security. 

First  they  did  their  homage  thus,  the  count  asked  if  he  was  willing 
to  become  completely  his  man,  and  the  other  replied,  "I  am  willing"; 
and  with  clasped  hands,  surrounded  by  the  hands  of  the  count,  they 
were  bound  together  by  a  kiss.  Secondly,  he  who  had  done  homage 
gave  his  fealty  to  the  representative  of  the  count  in  these  words,  "I 
promise  on  my  faith  that  I  will  in  future  be  faithful  to  count  William, 
and  will  observe  my  homage  to  him  completely  against  all  persons  in 
good  faith  and  without  deceit,"  and  thirdly,  he  took  his  oath  to  this 
ujwn  the  relics  of  the  saints.  Afterward,  with  a  little  rod  which  the 
count  held  in  his  hand,  he  gave  investitures  to  all  who  by  this  agree- 
ment had  given  their  security  and  homage  and  accompanying  oath* 


2.      CHARTER   OF   HOMAGE   AND   FEALTY,    A.    D.,    IIIO. 
Teulet:  Layettes  du  Tresor  desChartes,  No.,  39,  Vol.  I,  p.  36.     Latin. 

In  the  name  of  the  Lord,  I,  Bernard  Atton,  Viscount  of  Carcas- 
sonne, in  the  presence  of  my  sons,  Roger  and  Trencavel,  and  of  Peter 
Roger  of  Barbazan,  and  William  Hugo,  and  Raymond  Mantellini,  and 
Peter  de  Vietry,  nobles,  and  of  many  other  honorable  men,  who  had 
come  to  the  monastery  of  St.  Mary  of  Grasse,  to  the  honor  of  the  festi- 
val of  the  august  St.  Mary ;  since  lord  Leo,  abbot  of  the  said  monastery, 
has  asked  me,  in  the  presence  of  all  those  above  mentioned,  to  acknowl- 
edge to  him  the  fealty  and  homage  for  the  castles,  manors,  and  places 
which  the  patrons,  my  ancestors,  held  from  him  and  his  predecessors  and 
from  the  said  monastery  as  a  fief,  and  which  I  ought  to  hold  as 
they  held,  I  have  made  to  the  lord  abbot  Leo  acknowledgment  and 
homage  as  I  ought  to  do. 

Therefore,  let  all  present  and  to  come  know  that  I  the  said  Ber- 


HOMAGE   AND   FEALTY.  1 9 

nard  Atton,  lord  and  viscount  of  Carcassonne,  acknowledge  verily  to 
thee  my  lord  Leo,  by  the  grace  of  God,  abbot  of  St.  Mary  of  Grasse, 
and  to  thy  successors  that  I  hold  and  ought  to  hold  as  a  fief,  in  Carcas- 
sonne, the  following:  that  is  to  say,  the  castles  of  Confoles,  of  Leocque, 
of  Capendes,  (which  is  otherwise  known  as  St.  Martin  of  Sussagues)  ; 
and  the  manors  of  Mairac,  of  Albars  and  of  Musso ;  also,  in  the 
valley  of  Aquitaine,  Rieux,  Traverina,  Herault,  Archas,  Servians, 
Villatritoes,  Tansiraus,  Presler,  Cornelles.  Moreover,  I  acknowledge 
that  I  hold  from  thee  and  from  the  said  monastery  as  a  fief  the  castle  of 
Termes  in  Narbonne ;  and  in  Minerve  the  castle  of  Ventaion,  and  the 
manors  of  Cassanolles,  and  of  Ferral  and  Aiohars ;  and  in  Le  Rog^s, 
the  little  village  of  Longville  ;  for  each  and  all  of  which  I  make  homage 
and  fealty  with  hands  and  with  mouth  to  thee  my  said  lord  abbot  Leo 
and  to  thy  successoi-s,  and  I  swear  upon  these  four  gospels  of  God  that 
I  will  always  be  a  faithful  vassal  to  thee  and  to  thy  successors  and  to 
St.  Mary  of  Grasse  in  all  things  in  which  a  vassal  is  required  to  be 
faithful  to  his  lord,  and  I  will  defend  thee,  my  lord,  and  all  thy  suc- 
cessors, and  the  said  monastery  and  the  monks  present  and  to  come  and 
the  castles  and  manors  and  all  your  men  and  their  possessions  against 
all  malefactors  and  invaders,  at  my  request  and  that  of  my  successors 
at  my  own  cost ;  and  I  will  give  to  thee  power  over  all  the  castles  and 
manors  above  described,  in  peace  and  in  war,  whenever  they  shall  be 
claimed  by  thee  or  by  thy  successors. 

Moreover  I  acknowledge  that,  as  a  recognition  of  the  above  fiefs, 
I  and  my  successors  ought  to  come  to  the  said  monastery,  at  our  own 
expense,  as  often  as  a  new  abbot  shall  have  been  made,  and  there  do 
homage  and  return  to  him  the  power  over  all  the  fiefs  described  above. 
And  when  the  abbot  shall  mount  his  horse  I  and  my  heirs,  viscounts  of 
Carcassonne,  and  our  successors  ought  to  hold  the  stirrup  for  the  honor 
of  the  dominion  of  St.  Mary  of  Grasse ;  and  to  him  and  all  who  come 
with  him,  to  as  many  as  two  hundred  beasts,  we  should  make  the  abbot's 
purveyance  in  the  borough  of  St.  Michael  of  Carcassonne,  the  first  time 
he  enters  Carcassonne,  with  the  best  fish  and  meat  and  with  eggs  and 
cheese,  honorably  according  to  his  will,  and  pay  the  expense  of  the 
shoeing  of  the  horses,  and  for  straw  and  fodder  as  the  season  shall  require. 

And  if  I  or  my  sons  or  their  successors  do  not  observe  to  thee  or  to 
thy  successors  each  and  all  the  things  declared  above,  and  should  come 
against  these  things,  we  wish  that  all  the  aforesaid  fiefs  should  by  that 


20  TRANSLATIONS  AND   REPRINTS. 

very  fact  be  handed  over  to  thee  and  to  the  said  monastery  of  St.  Mary 
of  Grasse  and  to  thy  successors. 

I,  therefore,  the  aforesaid  lord  I^o,  by  the  grace  of  God,  abbot  of 
St.  Mary  of  Grasse,  receive  the  homage  and  fealty  for  all  the  liefs  of 
castles  and  mauoi-g  and  places  which  are  described  above ;  in  the  way 
and  with  theagreementaandundei*stauding8  written  above  ;  and  likewise 
I  concede  to  thee  and  thy  heii*s  and  their  successors,  the  viscounts  of  Car- 
cassonne, all  the  castles  and  manors  and  places  aforesaid,  as  a  fief,  along 
with  this  present  charter,  divided  through  the  alphabet.  And  I  promise 
to  thee  and  thy  heirs  and  successors,  viscounts  of  Carcassonne,  under  the 
religion  of  my  order,  that  I  will  be  good  and  faithful  lord  concerning 
all  those  things  described  above. 

Moreover,  I,  the  aforesaid  viscount,  acknowledge  that  the  little 
villages  of  Caunetis,  Maironis,  Villamagna,  Aiglino,  Villadasas,  Villa- 
francos,  Villadeuz,  Villaudriz,  St.  Genese,  Gauart,  Conguste  and  Mata, 
with  the  farm-house  of  Mathus  and  the  chateaux  of  Villalauro  and  Claro- 
mont,  with  the  little  villages  of  St.  Stephen  of  Surlac,  and  of  Upper  and 
Lower  Agrifolio,  ought  to  belong  to  the  said  monastery,  and  whoever 
holds  anything  there  holds  from  the  same  monastery,  as  we  have  seen 
and  have  heard  read  in  the  privileges  and  charters  of  the  monastery, 
and  as  was  there  written. 

Made  in  the  year  of  the  Incarnation  of  the  Lord  1110,  in  the  reign 
of  Ijouis.  Seal  of  Bernard  Atton,  viscount  of  Carcassonne,  seal  of  Ray- 
mond Mantellini,  seal  of  Peter  Roger  of  Barbazon,  seal  of  Roger,  sou 
of  the  said  viscount  of  Carcassonne,  seal  of  Peter  de  Vitry,  seal  of  Tren- 
cavel,  son  of  the  said  viscount  of  Carcassonne,  seal  of  William  Hugo, 
seal  of  lord  abbot  Leo,  who  has  accepted  this  acknowledgment  of  the 
homage  of  the  said  viscount. 

And  I,  the  monk  John,  have  written  this  charter  at  the  command 
of  the  said  lord  Bernard  Atton,  viscount  of  Carcassonne  and  of  his  sons, 
on  the  day  and  year  given  above,  in  the  presence  and  witness  of  all  those 
named  above. 

3.      LEGAL   RULES   FOR   HOMAGE   AND   FEALTY. 

EtablissementsdeSt.  Louis,  II.  c.  19.  Ed.by  Viollet,Vol.  II,pp.  395,  ff.  OldFrench, 

If  any  one  should  hold  from  a  lord  in  fee,  he  ought  to  seek  his 
lord  within  forty  days,  and  if  he  does  not  do  it  within  forty  days  the 


SUB-IN  FEUDATION.  21 

lord  may  and  ought  to  seize  his  fief  for  default  of  homage,  and  the  things 
which  should  be  found  there  he  should  seize  without  return,  and  yet  the 
vassal  would  be  obliged  to  pay  to  his  lord  the  redemption.  When  any 
one  wishes  to  enter  into  the  fealty  of  a  lord,  he  ought  to  seek  him,  as  we 
have  said  above,  and  should  say  as  follows:  *'Sir,  I  request  you  as  my 
lord,  to  put  me  in  your  fealty  and  in  your  homage  for  such  and  such  a 
thing  situated  in  your  fief,  which  I  have  bought."  And  he  ought  to  say 
from  what  man,  and  this  one  ought  to  be  present  and  in  the  fealty  of 
the  lord ;  and  whether  it  is  by  purchase  or  by  escheat  or  by  inheritance 
he  ought  to  explain ;  and  with  his  hands  joined,  to  speak  as  follows : 
"Sir,  I  become  your  man  and  promise  to  you  fealty  for  the  future  as  my 
lord  towards  all  men  who  may  live  or  die,  rendering  to  you  such  ser- 
vice as  the  fief  requires,  making  to  you  your  relief  as  you  are  the  lord." 
And  he  ought  to  say  whether  for  guardianship,  or  as  an  escheat,  or  as 
an  inheritance  or  as  a  purchase. 

The  lord  should  immediately  reply  to  him  :  "And  I  receive  you 
and  take  you  as  my  man,  and  give  you  this  kiss  as  a  sign  of  faith,  saving 
my  right  and  that  of  others,"  according  to  the  usage  of  the  various  dis- 
tricts. 

And  the  lord  may  take  the  revenues  and  the  products  of  the  year, 
if  the  relief  is  not  paid  to  him,  and  also  money  rents.  But  no  one  makes 
money  payments  for  a  guardianship,  or  for  a  dowry,  or  for  a  partition, 
or  for  a  report  of  the  extent  of  the  fief,  according  to  the  usages  of  vari- 
ous districts ;  except  in  the  one  case  that  the  one  who  holds  in  guardian- 
ship ought  to  give  security  to  the  parties  that  when  the  child  shall  come 
of  age  the  one  who  has  the  guardianship,  will  do  it  at  his  own  expense 
and  at  his  cost,  and  will  guarantee  the  socage  tenants  for  any  payments. 
It  is  thus  in  the  case  of  a  fief,  but  in  villenage  there  is  no  guardianship. 

III.     SUB-INFEUDATION. 

I.  FROM  THE  ENGLISH  EXCHEQUER  ROLLS,  A.  D.,  1 254. 
Madox:  History  of  the  Exchequer,  p.  415.  Latin. 
Commandment  is  given  to  the  sheriff  of  Worcester,  that  if  Baldwin 
de  Frivill  does  not  hold  from  the  king  in  capites  but  from  Alexander  de 
Abetot,  and  Alexander  from  William  de  Beauchamp,  and  William 
from  the  bishop  of  Worcester,  and  the  bishop  from  the  king  in  capite, 
as  the  same  Baldwin  says ;  then  the  said  Baldwin  is  to  have  peace  from 
the  distraint  which  has  been  made  upon  him  for  the  aid  to  make  the 
king's  son  a  knight 


22  TRANSLATIONS   AND   REPRINTS. 

2.       FROM   THE   ENGLISH   HUNDRED    ROLLS,    A.  D.,   1 279. 
Rotuli  Hundredorum,  II,  862,  673,  and  681  ff.     Latin. 

Robert  de  Romeny  holds  one  kiiiglit's  fee  in  the  vill  of  Steeple- 
ton  for  homage  and  his  service  from  William  de  Leybourne,  and  he 
shall  pay  scutage,  when  it  runs,  for  one  shield,  viz:  forty  shillings;  and 
William  de  Leybourne  holds  from  the  countess  of  Albemarle,  and  the 
countess  from  the  lord  king  in  capite, 

Roger  of  St.  Germain  holds  one  messuage  from  Robert  of  Bed- 
ford on  the  service  of  paying  3d.  to  the  aforesaid  Robert,  from  whom 
he  holds  and  of  paying  6d.  to  Richard  Hylchester  in  place  of  the  said 
Robert,  who  holds  from  him.  And  the  said  Richard  holds  from  Alan 
de  Chartres,  and  pays  him  2d.  a  year  and  Alan  from  William  the  But- 
ler, and  the  same  William  from  lord  Gilbert  de  Neville,  and  the  same 
Gilbert  from  the  lady  Devorguilla  de  Balliol,  and  Devorguilla  from  the 
king  of  Scotland,  and  the  same  king  from  the  king  of  England. 

Sir  Adam  de  Cretinges  holds  and  accounts  in  the  vill  of  Stough- 
ton,  for  four  knights'  fees  from  the  bishop  of  Lincoln,  and  the  bishop  from 
the  king.  The  same  Adam  holds  by  homage  and  scutage,  when  it  runs, 
and  has  in  demesne  1 3  score  acres  of  arable  land  and  3  messuages  of  2 
acres,  and  40  acres  of  woods  and  7  acres  of  meadow  and  10  acres  of 
separable  pasture. 

II  villeins,  each  with  a  virgate  of  20  acres,  a  house,  and  some  meadow, 

and  each  performing  certain  weekly  works,  ploughing,  etc. 
16  cottars,  each  with  a  cottage  and  a  rood  of  land,  and  each  paying 

12  d.  a  year  and  performing  certain  labor. 
I  cottar  with  a  half  acre,  and  2  with  houses  only. 
Sir  Anselra  de  Gyse  holds  and  accounts  for  two  knights'  fees,  from 
the  same  Adam  for  half  a  mark  a  year  and  for  scutage  when  it  hap- 
pens ;  and  he  has  in  his  garden,  with  a  house  and  vineyard,  6  acres  of 
land;  and  of  arable  land  18  score  acres,  and  in  meadows  7  acres,  and 
in  separable  pasture  10  acres  and  in  woods  8  acres. 
6  villeins,  each  with  20  acres,  etc.,  as  above. 
The  prior  of  Bissemede  holds  one  knight's  fee  from  the  said  Anselm 
and  pays  to  him   scutage   when   it  happens.     The  same  prior  has  in 
his  garden  with  the  house  8  acres,  and  5  score  acres  of  arable  land,  and 
8  acres  of  woods  and  8  acres  of  meadow,  and  6  acres  of  separable  pasture. 
5  free  tenants  with  a  total  of  63X  acres  of  arable  land,  etc. 
3  villeins  with  a  total  of  Ij^  virgates. 
5  cottars  each  with  a  cottage. 


DUTIES   O.^   VASSALS   AND    LORDS.  23 

Geoffrey,  son  of  Everard  of  Stoughton  holds  half  a  knight's  fee 
from  the  said  Anselm  for  homage  and  foreign  service,  and  has  in  de- 
mesne 6  score  acres  of  arable  land,  and  in  garden  with  a  messuage  one 
acre  and  a  half  and  4  acres  of  woods  and  2  acres  of  separable  pasture. 
I  free  holder  with  6  acres. 
William  Schohisfoot  holds  the  twelfth  part  of  one  knight's  fee  from 
the  aforesaid  Anselm  for  homage  and  foreign  service,  and  has  in  gar- 
den with  the  house  one  acre  and  a  half,  and  in  arable  land  20  acres, 
and  3  acres  of  meadow ;  and  he  ought  to  have  common  with  his  beasts 
in  the  meadow  which  is  called  Mora. 

William  Dingle  holds  from  the  said  William  one  acre  and  a  half 
of  land,  and  pays  annually  1  d. 

Various  free  and  villein  tenants  holding  immediately  and  mediately 
from  Sir  Adam  de  Cretinges. 

IV.     MUTUAL  DUTIES  OF  VASSALS  AND  LORDS. 

I.       LETTER  FROM  BISHOP  FULBERT  OF  CHARTRES,  A.  D.,    I020. 
Recueil  des  Hist,  des  Gaules  et  de  la  France,  X,  463.     Latin. 

To  William  most  glorious  duke  of  the  Aquitanians,  bishop  Ful- 
bert  the  favor  of  his  prayers. 

Asked  to  write  something  concerning  the  form  of  fealty,  I  have 
noted  briefly  for  you  on  the  authority  of  the  books  the  things  which 
follow.  He  who  swears  fealty  to  his  lord  ought  always  to  have  these 
six  things  in  memory ;  w^hat  is  harmless,  safe,  honorable,  useful,  easy, 
practicable.  Harmless,  that  is  to  say  that  he  should  not  be  injurious 
to  his  lord  in  his  body  ;  safe,  that  he  should  not  be  injurious  to  him  in 
his  secrets  or  in  the  defenses  through  which  he  is  able  to  be  secure ; 
honorable,  that  he  should  not  be  injurious  to  him  in  his  justice  or  in 
other  matters  that  pertain  to  his  honor ;  useful,  that  he  should  not  be 
injurious  to  him  in  his  possessions;  easy  or  practicable,  that  that  good 
which  his  lord  is  able  to  do  easily,  he  make  not  difficult,  nor  that  which 
is  practicable  he  make  impossible  to  him. 

However,  that  the  faithful  vassal  should  avoid  these  injuries  is 
proper,  but  not  for  this  does  he  deserve  his  holding ;  for  it  is  not  suffi- 
cient to  abstain  from  evil,  unless  what  is  good  is  done  also.  It  remains, 
therefore,  that  in  the  same  six  things  mentioned  above  he  should  faith- 
fully counsel  and  aid  his  lord,  if  he  wishes  to  be  looked  upon  as  worthy 
of  his  benefice  and  to  be  safe  concerning  the  fealty  which  he  1  tp  «  vo -k 


24  TRANSLATIONS   AND   REPRINTS. 

The  lord  also  ought  to  act  toward  his  faithful  vassal  reciprocally 
in  all  these  things.  And  if  he  does  not  do  this  he  will  l)e  justly  con- 
sidered guilty  of  bad  faith,  just  as  the  former,  if  he  should  be  detected  in 
the  avoidance  of  or  the  doing  of  or  the  c-onsenting  to  them,  would  he 
perfidious  and  jierjured. 

I  would  have  written  to  you  at  greater  length,  if  I  had  not  been 
occupied  with  many  other  things,  including  the  rebuilding  of  our  city 
and  church  which  was  lately  entirely  consumed  in  a  great  fire;  from 
which  loss  though  we  could  not  for  a  while  be  diverted,  yet  by  the  hope 
of  the  comfort  of  God  and  of  you  we  breathe  again. 

2.       FROM    AN    ENGLISH    CODE   OF   THE   TWELFTH    CENTURY. 
Leges  Henrici,  LXXXII,  3,  4  :  Thorpe  :  Anc.  Laws  and  Inst.  I,  590.      Latin. 

And  it  is  allowable  to  any  one,  without  punishment,  to  support  his 
lord,  if  any  one  assails  him,  and  to  obey  him  in  all  legitimate  ways, 
except  in  theft,  murder,  and  in  all  such  things  as  are  not  conceded  to 
any  one  to  do  and  are  reckoned  infamous  by  the  laws. 

The  lord  ought  to  do  likewise  equally  with  counsel  and  with  aid ; 
and  he  may  come  to  his  man's  assistance  in  his  vicissitudes  in  all  ways, 
without  forfeiture. 


V.     AUTHORITY  OF  THE  LORD  OVER  THE  MARRIAGES 

OF  VASSALS. 

I.       ACKNOWLEDGMENT   OF   COUNTESS    OF    NEA^ERS,    A.    D.,    1 22 1. 
Quantin,  Recueil  de  Pieces  du  XIII  Si^cle,  No.  274,  p.  120.      Latin. 

I,  Matilda,  countess  of  Nevers  make  known  to  all  who  shall  see 
this  present  letter,  that  I  have  sworn  upon  the  sacred  gospels  to  my 
dearest  lord,  Philip,  by  the  grace  of  God,  the  illustrious  king  of  France, 
that  I  will  do  to  him  good  and  faithful  service  against  all  living  men 
and  women,  and  that  I  will  not  marry  except  by  his  will  and  grace. 
For  keeping  these  agreements  firmly  I  have  given  pledges  to  the  same 
lord  king  from  my  men  whom  I  had  with  me,  on  their  oaths,  in  this 
wise,  that  if  I  should  fail  to  keep  the  said  agreements  with  the  lord  king, 
(though  this  shall  not  be),  these  are  held  to  come  to  the  lord  king  with 
all  their  lands  and  fiefs  which  are  held  from  me,  and  shall  take  their 
oaths  to  him  against  me  until  it  shall  have  been  made  good  to  him  to 
his  satisfaction.     And  whenever  the  lord  king  shall  ask  me  I  will  cause 


RIGHT   OVER    MARRIAGE.  2$ 

him  to  have  similar  oaths  from  my  men  who  were  not  present  with  me 
before  the  lord  kingj  that  is  to  say  from  all  whom  I  may  have,  in  good 
faith,  and  without  evil  intention,  and  similarly  the  fealty  of  my  town. 
And  in  order  that  this  may  remain  firm  and  stable,  I  have  written  the 
present  letters  supported  by  my  seal.  Given  at  Melun,  in  the  year  of 
the  Lord  1221,  in  the  month  of  February. 

2.       FROM  THE  CHRONICLE  OF  LAMBERT  OF   WATERLOO,  A.  D.   II51. 
Rec.  des  Hist,  des  Gaules  et   de  la  France,  XIII,  p.  506.     Latin. 

Then  the  young  man  Aegidius,  son  of  Gerard  Maufilatre^  married 
a  wife.  Bertha  by  name,  half-sister  of  Count  Baldwin  of  Hainault  and 
took  her  without  his  assent.  The  count,  extremely  angry  at  this,  im- 
mediately took  up  arms  against  him  at  the  beginning  of  the  month  of 
October.  Thus  from  the  time  in  which  he  had  married  her  till  Whit- 
sunday, with  or  without  consent,  he  kept  her  closely  by  force  and  arms 
at  his  house.  But  Aegidius  having  been  attacked  by  a  severe  fever, 
which  troubled  him  sharply  every  day,  compelled  by  the  counsel  of  his 
friends,  who  had  helped  him  honorably  in  all  things  in  his  war,  dis- 
missed and  openly  abjured  her;  and  peace  was  thus  restored  with  the 
count,  and  the  land  was  peaceful  which  had  been  long  troubled  by 
wars. 

3.       FEES    FOR     LICENSE    TO   MARRY,    A.  D.    II4O-1282. 
Eng.  Exchequer  Rolls  ;  Madox  :  Hist,  of  Exchequer,  pp.  320,  322. 

Ralph  son  of  William  owes  100  marks  as  a  fine,  to  be  allowed  to 
marry  Margery  who  was  wife  of  Nicholas  Corbet  who  held  of  the  king 
in  capitCy  and  that  the  same  Margery  may  be  allowed  to  marry  him. 

Walter  de  Cancy  renders  account  of  £15  to  be  allowed  to  marry 
a  wife  as  he  shall  choose. 

Wiverona  wife  of  Iverac  of  Ipswich  renders  account  of  £4  and 
1  mark  of  silver  that  she  may  not  have  to  take  any  husband  except  the 
one  she  wishes. 

Emma  de  Normanville  and  Roheisa  and  Margaret  and  Juliana, 
her  sisters,  render  account  of  10  marks  for  license  to  marry  where  they 
wish. 

*  Hereditary  steward  of  Hainault  and  a  vassal  of  the  count. 


26  TRANSLATIONS   AND   REPRINTS. 

Roheisa  de  Doura  renders  account  of  £450  to  have  half  of  all  the 
lands  which  belonged  to  Richard  de  Lucy,  her  grandfather,  and  which 
the  brother  of  the  same  Roheisa  had  afterward  as  well  in  England  as  in 
Normandy,  and  for  license  to  marry  where  she  wishes  so  long  as  she 
does  not  marry  herself  to  any  of  the  enemies  of  the  king. 

Alice,  countess  of  Warwick,  renders  account  of  £1000  and  10  pal- 
freys to  be  allowed  to  remain  a  widow  as  long  as  she  pleases,  and  not  to 
be  forced  to  marry  by  the  king.  And  if  perchance  she  should  wish  to 
marry,  she  shall  not  marry  except  with  the  assent  and  on  the  grant  of 
the  king,  where  the  king  shall  be  satisfied  ;  and  to  have  the  custody  of 
her  sons  whom  she  has  from  the  earl  of  Warwick  her  late  husband. 

Hawisa,  who  was  wife  of  William  Fitz  Robert  renders  account  of 
130  marks  and  4  palfreys  that  she  may  have  peace  from  Peter  of 
Borough  to  whom  the  king  has  given  permission  to  marry  her;  and 
that  she  may  not  be  compelled  to  marry. 

Geoffrey  de  Mandeville  owes  20,000  marks  to  have  as  his  wife 
Isabella,  countess  of  Gloucester,  with  all  the  lands  and  tenements  and 
fiefs  which  fall  to  her. 

VI.     WARDSHIP,  RELIEF,  AND  AIDS. 

I.       WARDSHIP. 
English  Exchequer  Rolls  ;    Madox  :  History  of  the  Excheqner,  pp.  221,  222. 

Thomas  de  Colville  renders  an  account  of  100  marks  for  having 
the  custody  of  the  sons  of  Roger  Torpel  and  their  land  until  they  come 
of  age. 

William,  bishop  of  Ely,  owes  220  marks  for  having  the  custody  of 
Stephen  de  Beauchamp  with  his  inheritance  and  for  marrying  him  where 
he  wishes. 

William  of  St.  Mary's  church,  renders  an  account  of  500  marks 
for  having  the  custody  of  the  heir  of  Robert  Young,  son  of  Robert  Fitz- 
harding,  with  all  his  inheritance  and  all  its  appurtenances  and  fran- 
chises ;  that  is  to  say  with  the  services  of  knights  and  gifts  of  churches 
and  marriages  of  women,  and  to  be  allowed  to  marry  him  to  whatever 
one  of  his  relatives  he  wishes ;  and  that  all  his  land  is  to  revert  to  him 
freely  when  he  comes  of  age. 

Bartholomew  de  Muleton  renders  an  account  of  100  marks  for 
having  the  custody  of  the  land  and  the  heiress  of  Lambert  of  Ibtoft,  and 
for  marrying  the  wife  of  the  same  Lambert  to  whomsoever  he  wishes 


RELIEF.  27 

where  she  shall  not  be  disparaged  and  that  he  may  be  able  to  confer 
her  (^the  heiress;  upon  whom  he  wishes. 

2.  RELIEF,  FROM  THE  ENGLISH  EXCPIEQUER  ROLLS,  A.  D.  II40-I23a 
Madox  :    History  of  the  Exchequer,  pp,  2i6,  218.     Latin. 

Walter  Hait  renders  an  account  of  5  marks  of  silver  for  tlie  relief 
of  the  land  of  his  father. 

Walter  Brito  renders  an  account  of  £66,  13s.  and  4d.  for  the  relief 
of  his  land. 

Richard  of  Estre  renders  an  account  of  £1 5  for  his  relief  for  3  knights* 
fees  which  he  holds  from  the  honor  of  Mortain. 

Walter  Fitz  Thomas,  of  Newington,  ow^es  28s.  4d.  for  having  the 
fourth  part  of  one  knights'  fee  which  had  been  seized  into  the  hand  of 
the  king  for  default  of  relief. 

John  of  Venetia  renders  an  account  of  300  marks  for  the  fine  of 
h^s  land  and  for  the  relief  of  the  land  which  was  his  father's  and  he 
does  homage  to  the  king  against  all  mortals. 

Ralph,  son  and  heir  of  Ralph  of  Sullega  renders  an  account  of 
100£  for  his  relief  for  the  lands  which  were  Ralph  his  father's  which 
he  held  from  the  Idng  in  capite. 

John  de  Balliol  owes  £150  for  the  relief  of  30  knights*  fees  which 
Hugh  de  Balliol  his  father  held  from  the  king  in  capite,  that  is  100s.  for 
each  fee. 

Peter  de  Bruce  renders  an  account  of  £100  for  his  relief  for  the 
barony  which  was  of  Peter  his  father. 

3.  ACKNOWLEDGMENT  OP  RELIEF,  A.  D.  1 238. 
Teulet:  Layettes  du  Tresor  des  Charles,  No.  2777,  VoK  2,  p.  401.  Latin. 
To  all  to  whom  the  present  writing  shall  come  the  nobleman 
Aimeric,  viscount  of  Chatelherault,  greeting.  Know  that  I  am  held  to 
pay  to  John  de  Vineis,  bailiff  of  the  lord  king,  for  the  rachat  and  relief 
of  the  viscounty  of  Chatelherault  1500  livres  of  Tours,  to  be  paid  to  him 
in  the  place  of  the  lord  king,  that  is  to  say,  at  the  coming  Ascension  500 
iivres,  and  at  the  feast  of  All  Saints  next  following  500  livres  and  at 
the  Purification  next  following  500  livres.  And  unless  I  make  com- 
plete satisfaction  for  the  said  money  at  the  said  dates,  I  agree  that  he 
shall  seize  all  my  land  and  all  my  rents  and  even  my  personal  property, 
wherever  they  may  be,  until  I  shall  have  given  complete  satisfaction  for 
the  above  debt 


28  TRANSLATIONS   AND   REPRINTS. 

For  the  fuller  testimony  and  security  of  which  I  have  confirmed 
the  present  writing  with  my  seal.  Given  A.  D.  1238,  in  the  month  of 
February. 

4.      THE  THREE   CUSTOMARY    AIDS. 

(a)     Le  Grand  Coutumier  de  Normandie,  c.  35  ;  Bourdot ;  Nouveau  Coutumier 

General,  Vol.  IV,  p.  18.      Old  French. 

Next  it  is  proper  to  see  the  chief  aids  of  Normandy,  which  are  called 
chief  because  they  should  be  paid  to  the  chief  lords. 

In  Normandy  there  are  three  chief  aids.  One  is  to  make  the  oldest 
son  of  his  lord  a  knight ;  the  second,  to  marry  his  oldest  daughter ;  the 
third  to  ransom  the  body  of  his  lord  from  prison  when  he  is  taken  in 
the  Duke's  war. 

(b)     Madox;  History  of  the  Exchequer,  pp.  415,  398,  411,  notes.     Latin. 

Aid  granted  to  the  king  (Henry  III.)  for  the  knighting  of  his 
eldest  son,  that  is  to  say  from  each  fee  40s..  The  sheriff  (of  Hereford) 
renders  account  of  40s.  from  John  de  Balun  for  one  fee,  and  of  £30 
from  John  de  Munemul  for  fifteen  fees ;  the  bishop  of  Hereford  renders 
account  of  £30  for  fifteen  fees. 

The  earl  of  Clare  renders  account  of  £94,  lis.  lOd.  for  the  aid  for 
the  daughter  of  the  king,  for  131  knights  and  two-thirds  of  a  knight, 
and  a  third  and  a  fourth  and  an  eighth  and  a  ninth  and  a  tenth  of  a 
knight,  and  two-thirtieths  of  a  knight  of  his  fee ;  and  for  nine  knights  and 
the  fourth  part  of  a  knight  of  the  fee  of  the  countess,  his  wife. 

The  abbot  of  St.  Edmund's  renders  account  of  40  marks  for  the 
same  aid  for  40  knights  whom  he  acknowledges  he  owes  to  the  king. 

Of  the  scutage  of  knights  for  the  ransom  of  the  lord  king.  Con- 
stance, countess  of  Brittany,  renders  account  of  140  knights  whom 
Thomas  of  Borough,  stew^ard  of  the  same  countess  acknowledges  before 
the  barons  to  pertain  to  the  honor  of  the  count  of  Brittany  in  England. 

VII.     MILITARY  SERVICE  OF  TENANTS. 

I.      AN    EARLY   FEUDAL   SUMMONS,  PROBABLY,  A.  D.   IO72. 
Quoted  in  J.  H.  Round :  Feudal  England,  p.  304.     Latin. 

W.  king  of  the  English  to  Aethelwig,  abbot  of  Evesham,  greeting. 
I  command  you  to  summon  all  those  who  are  under  your  charge  and 
jurisdiction  to  have  armed  before  me  by  the  week  after  Whitsunday, 
at  Clarendon  all  the  knights  which  are  due  to  me.     And  do  you  also 


MILITARY    SERVICE.  29 

come  to  me  on  that  day  and  bring  with  you  armed  those  five  knights 
which  you  owe  to  me  from  your  abbey.  Witness  Eudo,  the  steward,  at 
Winchester. 

2.       GRANT    BY    AN    ABBOT     TO    A    KNIGHT,    A.    D.     I  I  GO. 
Historia  Monasterii  de  Abingdon,  R.  S.  Vol.  II,  p.  135.     Latin. 

Abbot  Faritius  also  granted  to  Robert,  son  of  William  Mauduit, 
the  land  of  four  hides  in  Weston  which  his  father  had  held  from  the 
former's  predecessor,  to  be  held  as  a  fief.  And  he  should  do  this  ser- 
vice from  it,  to  wit :  that  whenever  the  church  of  Abingdon  should  per- 
form its  knight's  service  he  should  do  the  service  of  half  a  knight  for 
the  same  church  ;  that  is  to  say  in  castle  ward,  in  military  service  be- 
yond and  on  this  side  the  sea,  in  giving  money  in  proportion  to  the 
knights  on  the  capture  of  the  king,  and  in  the  rest  of  the  services  which 
the  other  knights  of  the  church  perform.  He  also  does  homage  to  the 
same  abbot.  This  land  previously  did  the  service  of  three  weeks  yearly 
only. 

3.       MILITARY   HOLDINGS   IN    ENGLAND,  A.  D.   1 279. 
Rotuli  Hundredorum:  Vol.   II,  pp.  711,  710.     Latin. 

The  jurors  say  that  Robert  Fitz  Nigel  holds  the  manor  of  Iftele  in 
chief  from  the  king  for  doing  the  service  of  one  knight's  fee  in  the  ser- 
vice of  the  lord  king  when  he  is  in  the  army,  at  his  own  cost,  and  after- 
ward, if  he  shall  be  required,  at  the  cost  of  the  lord  king. 

The  manor  of  Hedington  with  its  hamlets  and  all  its  appurtenances 
is  of  the  ancient  demesne  of  the  crown  of  the  lord  king  and  is  held  in 
chief  from  the  lord  king  for  £20,  at  the  two  terms  of  the  year,  to  be  paid 
to  the  Exchequer  of  the  lord  king,  that  is  to  say,  at  Easter  £10  and  at 
Michaelmas  £10.  And  Hugh  de  Plesens  is  feudatory  of  the  lord  king, 
since  he  is  responsible  to  him  for  one  knight's  fee  when  scutage  runs,  or 
he  must  go  with  the  lord  king  when  he  is  in  the  army  and  serve  him  for 
forty  days  at  his  own  cost,  for  the  aforesaid  manor,  and  if  he  makes  a 

longer  stay,  at  the  expense  of  the  lord  king Hugh 

de  Plesens  holds  the  manor  of  Hedington. 

4.      ACKNOWLEDGMENT   OF   MILITARY    DUTY,  A.    D.    1 21 2. 
Quantin  :  Rec.  de  Pieces  du  XIII  Sidcle,  No.  Ii6,  p.  53.     Latin. 

William,  by  the  grace  of  God  bishop  of  Auxerre  to  all  who  shall 


30  TRANSLATIONS  AND    REPRINTS. 

see  these  presents,  greeting  in  the  Lord.  Know  that  we  acknowledge 
that  we  owe  to  our  lord  Philip,  illustrious  king  of  the  French,  military 
service,  as  is  the  common  service  of  bishops  and  barons ;  and  this  for 
the  future  we  will  perform  through  our  knights,  as  others.  For  the 
same  lord  king  has  released  our  person  from  the  service  of  the  army  so 
long  as  we  live. 

5.       ETABLISSEMENTS    DE   ST.    LOUIS,    A.  D    I27O. 
Livre  I,  ch.  65  ;  Ed.  by  Viollet,   Vol.  II,  p.  95.     Old  French. 

The  baron  and  all  vassals  of  the  king  are  bound  to  appear  be- 
fore him  when  he  shall  summon  them,  and  to  serve  him  at  their  own 
expense  for  forty  days  and  forty  nights,  with  as  many  knights  as  each 
one  owes;  and  he  is  able  to  exact  from  them  these  services  when  he  wishes 
and  when  he  has  need  of  them.  And  if  the  king  wishes  to  keep  them 
more  than  forty  days  at  their  own  expense,  they  are  not  bound  to  re- 
main if  they  do  not  wish  it.  And  if  the  king  wishes  to  keep  them  at 
his  expense  for  the  defence  of  the  realm,  they  are  bound  to  remain. 
And  if  the  king  wishes  to  lead  them  outside  of  the  kingdom,  they  need 
not  go  unless  they  wish  to,  for  they  have  already  served  their  forty  days 
and  forty  nights. 

6.      SERVICE   OF   THE   COUNT   OF   CHAMPAGNE. 

Matthew  Paris  :  Chronica  Majora,  R.  S.  ;  III,  116.     Latin. 

Then  Louis,  king  of  the  French  in  order  to  escape  from  the  pesti- 
lence, which  was  raging  with  great  severity  in  the  camp  (before  Avignon), 
betook  himself  to  a  certain  abbey  called  Montpensier,  which  was  not  far 
distant  from  the  siege  works,  till  the  city  should  be  captured.  There 
came  to  him  at  that  place  Henry,  count  of  Champagne,  who  had  passed 
forty  days  at  the  siege,  asking  license  to  return  to  his  own  possessions, 
according  to  the  custom  of  France.  When  the  king  refused  his  per- 
mission the  count  replied  that  when  his  military  service  of  forty  days 
had  been  performed,  he  was  not  bound  nor  was  he  willing  to  remain 
longer.  The  king,  how^ever,  w^as  so  inflamed  by  anger  at  this  that  he 
declared  with  an  oath  that  ifthe  count  should  withdraw  then  he  would  de- 
vastate his  whole  land  with  fire.  Then  the  count,  as  the  story  goes,  pro- 
cured poison  to  be  placed  in  the  drink  of  the  king,  on  account  of  his 
desire  for  the  queen,  for  whom  he  had  a  guilty  love,  and  was  so  im- 
pelled by  the  incentive  of  lust  that  he  was  not  able  to  brook  longer  de- 


MILITARY    SERVICE.  3 1 

lay.  When  the  count  had  thus  gone  away  the  king  grew  desperately 
sick,  and  the  poison  reaching  his  vital  parts,  he  came  to  his  end ;  although 
others  say  that  it  was  not  from  poison  but  from  dysentery  that  he  died. 

7.        FRENCH    MILITARY    TENANTS   SUMMONED    TO    THE    ROYAL     ARMY. 
Kec.  des  Hist,  des  Gaules  et  de  la  France,  XXIII,  pp.  753  ff.     Latin. 

In  the  year  1272  the  bishop  of  Paris  came  to  Tours  at  the  citation 
of  the  lord  king  and  presented  himself  in  the  king's  house  on  the 
second  Sunday  after  Easter,  before  Ferrario  de  Verneuil,  knight, 
marshall  of  France,  saying  that  he  had  come  at  the  citation  of  the  lord 
king  prepared  to  fulfill  his  duty ;  who  replied  to  him  that  he  should 
come  again  or  send  at  the  first  hour  of  the  next  day,  because  in  the 
meanwhile  he  could  not  speak  or  respond  to  him,  since  Gregory  of  St. 
Martin  of  Tours  was  absent,  on  account  of  his  weakness,  and  because, 
moreover,  he  was  expecting  new  instructions  from  the  king.  On  the 
next  day  and  on  Tuesday  the  aforesaid  bishop  presented  himself  before 
the  said  marshall,  saying  that  he  had  come  ready  for  the  service  of  the 
king  with  three  knights,  whose  names  were  John  de  Marchiaco,  John  de 
Juliaco  and  Adam  de  Blesum.  He  said  that  if  he  was  held  to  send 
more  he  was  ready  to  do  what  he  ought ;  and  if  he  had  furnished  more 
than  he  owed,  that  this  should  not  bind  either  him  or  the  church  of  Paris 
for  the  future. 

The  bishop  of  Troyes  appeared  for  his  see,  saying  that  he  owed 
two  knights,  whose  names  were  Ralph  and  Droco  de  Pratellis. 

John  de  Rouvraye,  knight,  lord  of  Yneto,  appeared  for  himself  ac- 
knowledging that  he  owed  one  knight  by  reason  of  his  land  of  Rouvraye, 
whom  he  brought  with  him,  that  is  to  say,  John  de  Caim. 

Reginald  Trihan,  knight,  appeared  for  himself  and  goes.^ 

Henry  d'Eauville  did  not  appear,  but  he  sent  for  himself  one 
knight,  William  de  Petra. 

William  Bacon,  knight,  appeared  for  Geoffrey  de  Fordt,  who  owes 
military  service  for  forty  days ;  he  goes  to  the  army. 

William  de  Coyndres,  knight,  sends  for  himself  Thomas  Chocquet, 
for  ten  days. 

Thomas  de  Cugry,  esquire,  appeared,  saying  that  he  owes  four 


into  military  service  with  the  army. 


32  TRANSLATIONS  AND    REPRINTS. 

days;  he  sends  instead  of  himself  Richard  de  St.  Germain,  who  will 
complete  these  four  days  after  his  own  service. 

Nicholas  Bourdet,  esquire,  appeared  for  himself,  and  goes  to  the 
army ;  and  he  will  be  a  knight  there,  or  will  provide  another  knight. 

John  de  Chanteleu,  knight,  appeared  saying  that  he  owed  ten  days 
for  himself,  and  that  he  also  appeared  for  Godardus  de  Godardville, 
knight,  who  owes  forty  days. 

Robert  de  Morville,  knight,  appeared  for  himself,  owing  military 
service  for  twenty  days  for  half  a  fee. 

The  count  of  Soissons  appeared  and  went  to  the  army  with  three 
other  knights  whom  he  acknowledges  he  owes  to  the  king,  and  led  with 
him  six  knights  besides  his  service. 

Hugh  de  Conflans,  knight,  marshal  of  Champagne,  appeared  for 
the  king  of  Navarre  and  led  with  him  sixty  knights  for  service  owed  to 
the  king. 

John  Dor^,  knight,  appeared  for  the  lady  of  Chapelle,  on  account 
of  her  land  of  Berry  which  owes  military  service ;  and  he  goes  in  place 
of  her. 

William  de  Chantelon,  knight,  appeared  for  himself  saying  that  he 
owed  military  service  to  the  lord  king  for  thirty  days,  for  three-quarters 
of  a  knight's  fee. 

VIII.     FEUDAL  JUSTICK 

I.       ENGLISH   CUSTOMS   OF   ELEVENTH   CENTURY. 
Leges  Henrici  Primi,  LV.     Thorpe  :  Anc.  Laws  and  Inst.,  Vol.  I.  p.  55.     Latin. 

To  every  lord  it  is  allowed  to  summon  his  man  that  he  may  be  at 
right  to  him  in  his  court ;  and  even  if  he  is  resident  at  the  most  distant 
manor  of  that  honor  from  which  he  holds,  he  shall  go  to  the  plea  if  his 
lord  summons  him.  If  his  lord  holds  different  fiefs  the  man  of  one  honor 
is  not  compelled  by  law  to  go  to  another  plea,  unless  the  cause  belongs 
to  the  other  to  which  his  lord  has  summoned  him. 

If  a  man  holds  from  several  lords  and  honors,  however  much  he 
holds  from  others,  he  owes  most  and  will  be  subject  for  justice  to  him  of 
whom  he  is  the  liege  man. 

Every  vassal  owes  to  his  lord  fidelity  concerning  his  life  and  mem- 
bers and  earthly  honor  and  keeping  of  his  counsel  in  what  is  honora.ble 


FEUDAL   JUSTICE.  33 

and  useful  saving  the  faith  of  God  and  of  the  prince  of  the  land.  Theft, 
however,  and  treason  and  murder  and  whatever  things  are  against  the 
Lord  and  the  catholic  faith  are  to  be  required  of  or  performed  by  no 
one;  but  faith  shall  be  held  to  all  lords,  saving  the  faith  of  the  earlier, 
and  the  more  to  the  one  of  which  he  is  the  liege.  And  let  permission 
be  given  him,  if  any  of  his  men  seek  another  lord  for  himself. 

2.       WRIT   TO   SECURE   FEUDAL   JURISDICTION,    AB.    A.    D.    HOC. 
Chronicon  Monasterii  de  Abingdon,  Vol.  II,  p.  165,  Rolls  Series.     Latin. 

Henry,  king  of  England,  to  Ralph  Basset,  greeting. 

I  command  you  to  cause  Vincent,  abbot  of  Abingdon  to  have  his 
court  ill  Oxford  as  well  and  fully  as  that  church  of  Abingdon  ever  had 
it  or  any  one  of  his  predecessors  had  it  best  and  most  fully  and  honor- 
ably. And  his  men  shall  not  plead  outside  of  his  court  unless  the  ab- 
bot has  first  failed  to  give  right  in  his  court,  and  as  you  are  able  to  make 
inquisition  through  the  legal  men  of  Oxford  that  he  ought  to  have  his 
court.     Witness  the  chancellor ;  at  Woodstock. 

'^'  3.       ETABLISSEMENTS    DE    ST.    LOUIS. 

Livre  l.  c.  71  :  Ed.  by  Viollet,  Vol.  II,  p.  124.     French. 

If  a  baron  is  summoned  to  the  court  of  the  king  for  any  question 
of  an  inheritance  and  shall  say,  *'I  am  not  willing  to  be  judged  in  this 
matter  except  by  my  peers,"  then  at  least  three  others  ought  to  be  sum- 
moned, and  the  king's  justice  shall  try  the  suit  along  with  these  and 
any  other  nobles. 

4.      CONDEMNATION    BY    A    FEUDAL   COURT. 
Teulet :  Layettes  du  Tresor  des  Chartes,  No.  3778,  Vol.  3,  p.  70.     Latin. 

Raymond  by  the  grace  of  God  count  of  Toulouse,  marquis  of 
Provence,  to  the  nobleman  Arnold  Atton,  viscount  of  Lomagne,  greet- 
ing. 

Let  it  be  known  to  your  nobility,  by  the  tenor  of  these  presents 
what  has  been  done  in  the  matter  of  the  complaints  which  we  have  made 
about  you  before  the  court  of  Agen ;  that  you  have  not  taken  the  trouble 
to  keep  or  fulfil  the  agreements  sworn  by  you  to  us,  as  is  more  fully 
contained  in  the  instrument  drawn  up  there,  sealed  with  our  seal  by  the 
public  notary ;  and  that  you  have  refused  contemptuously  .to  appear 
before  the  said  court  for  the  purpose  of  doing  justice ;  and  otherwise  com- 


34  TRANSLATIONS   AND   REPRINTS. 

mitted  multiplied  and  great  delinquencies  against  us.  As  your  faults 
have  required,  the  aforesaid  court  of  Agen  has  unanimously  and  con- 
cordantly  pronounced  sentence  against  you,  and  for  these  matters  has 
condemned  you  to  hand  over  and  restore  to  us  the  chateau  of  Auvillars 
and  all  that  land  which  you  hold  from  us  in  fee,  to  be  had  and  held  by 
us  by  right  of  the  obligation  by  which  you  have  bound  it  to  us  for  ful- 
filling and  keeping  the  said  agreements. 

Likewise  it  has  declared  that  we  are  to  be  put  into  possession  of  the 
said  land  and  that  it  is  to  be  handed  over  to  us,  on  account  of  your  con- 
tumacy, because  you  have  not  been  willing  to  appear  before  the  same 
court  on  the  days  which  were  assigned  to  you.  Moreover,  it  has  de- 
clared that  you  shall  be  held  and  required  to  restore  the  said  land  in 
whatsoever  way  we  wish  to  receive  it,  with  few  or  many,  in  peace  or  in 
anger,  in  our  own  person,  by  right  of  lordship.  Likewise  it  has  declared 
that  you  shall  restore  to  us  all  the  expenses  which  we  have  incurred  or 
the  court  itself  has  incurred  on  those  days  which  were  assigned  to  you 
or  because  of  those  days,  and  has  condemned  you  to  repay  these  to  us. 

Moreover,  it  has  declared  that  the  nobleman  Gerald  d'Armagnac, 
whom  you  hold  captive,  you  shall  liberate,  and  deliver  him  free  to  us. 
We  will,  moreover,  by  right  of  our  lordship  that  you  liberate  him. 

We  call,  therefore,  upon  your  discretion  in  this  matter,  strictly  re- 
quiring you  and  commanding  that  you  obey  the  aforesaid  sentences  in 
all  things  and  fulfil  them  in  all  respects  and  in  no  way  defer  the  fulfil- 
ment of  them.  For  making  the  announcement,  the  demand  and  the  re- 
ception of  these  things,  we  have  appointed  as  our  representatives  our  be- 
loved and  faithful  noblemen  Gaston  de  Gontaud  and  R.  Bernard  de 
Balencs,  promising  that  whatever  shall  be  done  by  them  in  the  afore- 
said matters,  we  will  hold  as  settled  and  firm  forever.  In  testimony  of 
which  we  have  caused  these  present  letters  to  be  corroborated  by  the 
strength  of  our  seal.  Similar  letters,  divided  through  the  alphabet,  for 
a  perpetual  memory  of  this  matter  we  have  caused  to  be  retained  with 
us.     Given  at  Agen,  the  third  of  the  Kalends  of  July,  A.  D.  1 249. 

IX.     RIGHT  OF  COINAGK 

I.      GRANT   OF   THE   MINT   OF   AUXERRE,    A.    D.    1204. 
Quantin:  Recueil  de  Pieces  du  XIII  Sidcle,  No.  35,  p.  17.      Latin. 

I,  Pierre,  count  of  Auxerre  and  Tonnerre,  make  known  to  all 
present  and  to  come  that  since  Lambert  de  Bar  possessed  by  hereditary 


COINAGE.  35 

right  the  dies  of  the  mint  of  Auxerre  and  Tonnerre,  and  on  that  ac- 
count was  my  man  ;  on  his  petition  I  have  granted  the  said  dies  to  my 
l)eloved  and  faithful  Pierre  de  Chablis  and  his  heirs  to  be  possessed 
peacefully  and  quietly  forever.  And  on  this  account  with  the  consent 
and  good  will  of  the  countess  Yoiande,  my  wife,  I  have  received  the 
aforesaid  Pierre  as  my  liege  man.  For  the  confirmation  of  this  matter 
I  and  Yoiande,  the  countess,  my  wife,  have  given  command  that  the 
present  charter  corroborated  with  the  protection  of  our  seals  should  be 
delivered  to  the  said  Pierre. 

Done  in  the  year  of  the  Incarnation  of  the  Ix)rd  1204,  in  the 
mouth  of  July. 

2.       CHARTER    OF    ODO    OF    BURGUNDY,    A.    D.     1 337. 
Ducange,  under  the  word  Moneta  regia.     Latin. 

We,  Odo,  duke  of  Burgundy,  count  of  Artois  and  Burgundy,  pala- 
tine and  lord  of  Sains  make  known  to  all  that  since  we  have  heard  that 
our  dear  and  famous  lord,  the  king  of  France,  feels  hardly  toward  us 
because  his  master  of  the  mint  has  given  him  to  understand  that  we  are 
now  coining  money  in  our  town  of  Auxerre  like  his  money  in  imprint 
and  form,  that  there  is  little  difference  between  his  money  and  ours,  and 
that  many  people  may  be  deceived  in  taking  our  money  as  the  money 
of  our  said  lord ;  we  who  would  not  on  any  account  wish  to  do  anything 
which  should  be  displeasing  to  our  lord,  are  willing  and  do  promise  to 
change  the  imprint  in  the  form  which  we  are  now  having  coined  in  our 
town  of  Auxerre,  and  to  make  in  our  said  money  such  a  difference  and 
such  a  form  that  each  person  will  be  able  clearly  to  distinguish  our  money 
from  the  money  of  the  lord  king,  so  that  our  said  money  will  have  its 
circulation  only  in  our  county  of  Burgundy  and  in  the  land  of  the  Em- 
pire. Moreover  we  will  command  and  forbid  and  cause  to  be  forbidden 
that  money  of  the  kingdom  should  be  minted,  and  also  cause  oath  to  be 
made  that  the  small  coin  of  the  kingdom  shall  not  be  received. 

In  testimony  of  which  thing  we  have  caused  our  seal  to  be  placed 
upon  these  present  letters,  made  and  given  at  the  Bois  de  Vincennes  the 
third  day  of  October,  1337. 


36  TRANSLATIONS  AND    REPRINl-S. 

X.     FORFEITURE. 

Rotuli  Hundredorum,  ii,  p.  183.  Latin. 
It  is  presented  by  the  jurors  above  named  that  the  manor  of  Chin- 
nore  along  with  the  hamlet  of  Sydenham  was  held  of  old,  from  the  time 
of  the  Conquest,  from  the  lord  king  of  England,  by  a  certain  man  who 
was  named  Walter  de  Vernon,  as  one  knight's  fee ;  and  because  the 
said  Walter  de  Vernon  refused  to  perform  his  due  service  from  the  said 
manor  to  the  lord  king  John  in  the  time  of  the  war  which  sprang  up 
between  the  lord  king  John  and  the  king  of  France,  the  lord  king  John 
with  the  advice  of  his  council  seized  that  same  manor  with  its  appurten- 
ances and  removed  the  said  Walter  de  Vernon,  on  account  of  his  in- 
gratitude from  the  possession  of  the  aforesaid  manor  forever.  And  the 
lord  king  John  granted  that  same  manor  with  its  appurtenances  for  the 
services  that  to  the  same  lord  king  was  due  from  it  to  Saer  de  Quincy 
formerly  earl  of  Winchester,  to  hold  to  himself  and  his  heirs  in  capite 
from  the  lord  king  as  one  knight's  fee ;  and  the  heirs  of  the  said  Saer 
held  the  aforesaid  manor  in  succession,  and  still  hold  it,  except  the  ham- 
let of  Sydenham,  which  the  abbot  of  Thame  holds  as  a  gift  from  Roger  de 
Quincy. 

BIBLIOGRAPHICAL   NOTE. 

Ch.  Mortet :  Fdodalite. 

Perhaps  the  best  general  treatise  on  the  subject  is  the  article  by  this  au- 
thor given  under  the  word  Feodalite,  in  La  Grande  Encyclophdie^  and  sub- 
sequently reprinted  as  a  separate  work. 

A.  Luchaire :  Manuel  des  Institutions  Frangaises,  Pt.  II.  Les  Institutions 
F^odales. 

This  is  a  detailed  description  of  feudal  institutions  from  the  nth  to  the 
14th  century  and  abounds  in  bibliographical  information.  It  does  not  deal 
with  the  question  of  the  origins  of  Feudalism.  Upon  this  last  question  there 
has  been  a  very  considerable  amount  of  writing,  largely  polemical  in  its 
character.  Some  of  the  most  conspicuous  books  on  this  phase  of  the  subject 
are  the  following: 

P.  Roth  :  Geschichte  des  Beneficialwesens,  1850  ;  and  Feudalitat  und  Un- 
terthanenverband,  1863. 

G.  Waitz:  Ueber  die  AnfSnge  der  Vassalitat,  1856;  and  Deutsche  Verfass- 
ungsgeschich'e,  Vol.  IV,  1884. 

Fustel  de  Coulanges :  Les  Orig^nes  du  System  e  F^odal,  1890. 

Very  useful  and  suggestive  outline  accounts  of  Feudalism  are  to  be  found 
in  English  in  Professor  E.  Emerton's  Introduction  to  the  Middle  Ages,  and 
Mediceval  Europe ;  and  Professor  G.  B.  Adams'  Civilization  during  the 
Middle  Ages, 


Translations  and  Reprints 

FROM   THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 

Vol..  IV.  Ordeai^,  Compurgation,  Excommunication,  No.  4. 

AND  Interdict. 

TABLE  OF  CONTENTS. 

PAOB 

I.       Compurgation. 

1.  Examples  of  Compurgatorial  Oaths, 3 

2.  Compurgation  of  Queen  Fredegonda, 4 

3.  Compurgation  of  Adelher's  Brothers, 4 

4.  Compurgation  of  Bishop  Norgaud, 5 

5.  Frisian  Law  against  Perjury, 6 

6.  Reform  in  the  Compurgatoripl  .System, 6 

n»       Judgments  of  God — Ordeai^. 

1.  Ordeal  Formula, 7 

2.  Ordeal  of  Hot  Water, 10 

3.  Ordeal  of  Cold  Water, .A/ il 

4.  Ordeal  of  Red-hot  Iron, .". 12 

5.  Ordeal  of  the  Glowing  Ploughshares, 13 

6.  Ordeal  of  Fire, 14 

•              7.     Ordeal  of  the  Cross, 16 

8.  Scepticism  Regarding  the  Ordeal, 16 

9.  Prohibition  of  the  Ordeal  by  the  Church, 16 

10.     Prohibition  by  Frederic  II., 18 

III.  Judgments  of  God — Wager  of  Batti^e. 

1.  Example  of  Judicial  Duel  in  Germany, 19 

2.  Example  of  Judicial  Duel  in  Spain, 20 

3.  Prohibition  of  Judicial  Duel  by  Frederic  II. , 21 

IV.  Excommunication. 

1.  St.  Cyprian  on  the  Unity  of  the  Church, 23 

2.  St.  Ambrose's  Threat  against  Theodosius, 23 

3.  Law  of  Lothair  I., 24 

4.  Law  of  Frederic  II.,  .    .    •    * 24 

5.  Excommunication  of  Frederic  II., 25 

6.  Example  of  Excommunication  ipso  facto ^  .....  26 

7.  Excommunication  of  Animals, 26 

8.  Declaration  of  Louis  XIV. , 27 

V.       Interdict. 

1.  Canon  of  the  Council  of  Limoges, 28 

2.  Interdictlaid  on  Normandy, 29 

3.  Interdict  laid  on  France, 29 

4.  Interdict  laid  on  Venice  in  1309, 30 

5.  Interdict  laid  on  Utrecht, 31 

6.  Failure  of  the  Interdict  laid  on  Venice  in  1606.  ...  32 


TRANSLATIONS    AND   REPRINTS. 


MEDIEVAL  LEGAL  PROCEDURE. 
INTRODUCTION. 

In  the  jurisprudence  of  the  Middle  Ages  we  do  not  find  any  trial  in  the  mod- 
ern sense  of  the  word,  no  careful  weighing  of  testimony  followed  by  a  decision  in 
accordance  with  the  evidence.  The  chief  function  of  the  court  was  to  give  a  fore- 
judgment — the  Beweisurteil — indicating  which  litigant  was  to  have  the  privilege 
of  offering  proof  as  to  the  justice  ot  his  contention.  Any  form  of  compromise  was 
unknown.  One  party  was  entirely  in  the  right,  the  other  absolutely  in  the  wrong. 
The  methods  of  proof  were  compurgation,  ordeal,  and  wager  of  battle,  and  the 
party  on  whom  the  burden  of  proof  lay  usually  had  the  advantage  in  the  subse- 
quent proceedings.  This  was  especially  the  case  with  compurgation,  where  com 
pliance  with  the  minute  details  of  the  prescribed  forms  insured  complete  success 
In  the  ordeal  this  was  less  true,  the  result  oftener  depending  on  the  attitude  of 
those  conducting  the  ceremony.  The  judicial  duel  and  one  form  of  the  ordeal — 
that  of  the  cross — were  the  only  methods  of  procedure  in  which  both  sides  were 
given  the  opportunity  of  proof.  Throughout  the  Middle  Ages  the  theory  of  the 
law  placed  the  burdpfi  of  proof  on  the  negative  side  ;  and  it  may  be  counted  a  most 
important  step  in  the  progress  of  European  civilization  when  the  Germanic  idea 
finally  gave  place  to  the  Roman  maxim  that  it  is  impossible  to  prove  a  negative,  and 
that  the  necessity  of  producing  evidence  lies  with  the  accuser.  The  barbarian  sys- 
tem of  negative  proofs  was  worked  out  by  means  of  oaths  and  of  appeals  to  the 
judgment  of  God  through  ordeals  and  single  combat.  Whatever  hardships  the 
Germanic  methods  of  proof  may  have  involved  theoretically,  the  practical  outcome 
was  to  make  easy  the  escape  of  bold  criminals.  A  Hungarian  manuscript  ^  in 
which  a  record  was  kept  for  the  13th  century  shows  the  numbers  of  convictions  and 
of  acquittals  in  the  ordeal  of  hot  iron  to  be  about  equal,  while  in  England  the  accused 
was  in  certain  cases  given  the  choice  whether  he  or  the  accuser  should  bear  the 
iron.  Speaking  of  the  condition  of  things  in  John's  reign  Maitland  says:  ''Crimi- 
nal justice  was  extremely  ineffectual ;  the  punishment  of  a  criminal  was  a  rare 
event ;  the  law  may  have  been  cruel  .  .  .  .,  but  bloody  it  was  not.  In  Henry 
Ill's  time  some  satisfactory  hanging  was  accomplished,  but  the  number  of  present- 
ments of  undiscovered  crime  is  very  large.  "^  The  irrationality  of  such  forms  of 
legal  procedure  was  strongly  felt  by  the  most  enlightened  minds,  and  from  the  mid- 
dle of  the  1 2th  century  we  find  ecclesiastical  as  well  as  secular  legislation  attempt- 
ing to  bring  about  a  change.  This  reform  did  not  involve  the  abandonment  of 
negative  proofs,  but  brought  in  the  worst  form  of  that  system,  namely,  torture, 
wherein  the  chances  of  escape  were  reduced  to  a  minimum  and  conviction  became 
practically  inevitable. 


1  Cited  in  Pollock  and  Maitland's  History  of  English  LaWy  II.  596,  note  5. 
"^  Select  Pleas  of  the  Crown,  p.  xxiv. 


COMPURGATORIAL   OATH.  3 

I.     COMPURGATION. 

Compurgation — or  wager  of  law  as  it  was  more  commonly  called  in  England 
from  the  legal  phrase  vadiare  legem^  to  pledge  or  wage  one's  law — consisted  in  a 
litigant's  furnishing  the  court  satisfactory  proof  of  the  justice  of  his  cause  by  means 
of  his  own  oath  supported  by  that  of  helpers  or  compurgators  who  swore  to  the  truth 
of  their  principal's  assertions.  This  method  of  proof  dates  back  to  remote  antiquity 
among  the  Germanic  tribes,  and  on  their  conversion  it  was  adopted  by  the  church, 
which  made  such  extensive  use  of  it  in  its  efforts  to  secure  immunity  of  the  clergy 
from  secular  jurisdiction,  that  the  process  finally  became  known  as  canonical  com- 
purgation. The  compurgators  were  originally  kinsmen  who  would  have  had  to 
pay  the  wer-gild  in  case  the  accused  had  been  convicted  of  the  charge,  but  later 
custom  permitted  them  to  be  neighbors  or  others  acceptable  to  the  court.  Their 
number  varied  according  to  the  gravity  of  the  charge  and  the  character  of  the  ac- 
cused. It  is  probable  that  even  in  the  earliest  times  compurgation  was  not  resorted 
to  when  the  proof  of  the  crime  was  plain  and  indubitable,  and  at  a  later  period 
this  rule  was  carefully  enforced,  it  being  left  to  the  discretion  of  the  judge  whether 
the  accused  should  be  allowed  this  form  of  trial  or  not.  Such  permission  was 
almost  tantamount  to  acquittal,  yet  an  effort  was  made  to  check  the  abuses  of  the 
system  by  the  provision  that  compurgators  who  Avere  so  unfortunate  as  to  support  a 
losing  cause  should  be  punished  as  perjurers,  that  is,  should  have  one  hand  cut  off. 
Some  codes,  however,  permitted  the  redemption  of  the  hand  by  the  payment  of  a 
money  fine.  At  an  early  period  confidence  in  the  system  became  weakened,  but 
it  was  not  until  the  revival  of  the  study  of  Roman  law  about  the  middle  of  the  I2th 
century  that  compurgation,  together  with  most  forms  of  appeal  to  the  judgment  of 
God,  began  to  lose  ground  in  mediaeval  jurisprudence.  From  that  time  on  it  was 
discouraged  by  royal  legislation.  By  1300  it  may  be  said  to  have  disappeared  from 
the  king's  court  in  France,  though  it  still  lingered  for  a  long  time  in  the  provinces. 
In  Germany  it  seems  to  have  flourished  as  late  as  the  i6th  century,  as  also  in  most 
of  the  countries  of  northern  Europe  ;  while  in  England  it  was  not  formally  abol- 
ished until  1833.  In  ecclesiastical  courts  the  system  was  employed  down  to  the 
17th  century,  though  the  development  of  the  inquisitorial  process  in  the  13th  cen- 
tury deprived  it  of  most  of  its  characteristic  features. 

I.      TWO   FORMS   OF   COMPURGATORIAL   OATH. 

(a)     Form.  Turon.  M.G.  LL.  Sec.  V.  p.  154.     Latin.     8th  century. 

[Defendant  made  oath  denying  the  crime.]  Likewise,  witnesses 
of  his  own  order,  who  were  eye-witnesses  and  cognizant  of  the  facts  in  the 
case,  swore  after  him  that  the  aforesaid  N.  had  given  a  true  and  satis- 
factory oath  in  what  he  had  sworn  regarding  the  matter. 

(b)     Thorpe's   Ancient   Laws  of  England,   I.  p.  180.     Anglo-Saxon.     loth 
century. 

By  the  Lord,  the  oath  which  N.  has  sworn  is  clean  and  without 
falsehood. 


4  TRANSLATIONS    AND    REPRINTS. 

2.  COMPURGATION    OF   QUEEN    FREDEGONDA    IN    585. 

Gregory  of  Tours,  Hist.  PVanc.  Lib.  viii.  c.  9.  M.G.  SS.  Mer.  p.  330. 

On  the  assassination  of  Chilperic  I.  king  Gontran  became  guardian  of  his 
brother's  infant  son.  Doubts  were  entertained  as  to  the  child's  legitimacy,  espe- 
cially as  Chilperic  was  said  to  have  been  murdered  by  a  paramour  of  queeii  Frede- 
gonda.  The  latter,  however,  fully  established  the  paternity  of  tHe  child  by  a 
compurgatorial  oath  and  thus  prevented  the  kingdom  of  Neustria  from  passing  into 
the  hands  of  Gontran. 

After  this  the  king  [Gontran]  went  to  Paris  and  openly  addressed 
all  the  people,  saying :  "  My  brother  Chilperic  on  his  death  is  said  to  have 
left  a  son,  whose  governors  begged  me  at  the  mother's  solicitation  to 
stand  sponsor  for  him  at  the  baptismal  font  on  the  day  of  the  festival  of 
our  Lord's  birth ;  but  they  did  not  appear.  Next  they  asked  me  to 
have  him  baptised  at  Easter,  but  the  child  was  not.  brought  then.  For 
the  third  time  they  prayed  me  that  he  might  be  presented  for  the  sacred 
rite  on  St.  John's  Day,  but  the  child  was  still  kept  back.  And  so  they 
have  compelled  me  to  leave  home  at  this  disagreeable  season  of  the  year. 
Therefore  I  have  come,  and  behold,  the  boy  is  concealed,  he  is  not  shown 
me.  For  these  reasons  I  feel  certain  that  matters  are  not  as  they  have 
been  represented,  but  that  the  child  is,  as  I  believe,  the  son  of  some  one 
of  our  nobles.  For,  if  it  had  been  of  our  race,  it  would  have  been 
brought  to  me.  Know,  therefore,  that  I  will  not  acknowledge  it  until  I 
receive  satisfactory  proofs  of  its  paternity."  When  queen  Fredegonda 
heard  this  she  summoned  the  chief  men  of  her  kingdom,  namely,  three 
bishops  and  three  hundred  nobles,  and  with  them  made  oath  that  Chil- 
peric was  the  father  of  the  child.  By  this  means  suspicion  was  re- 
moved from  the  king's  mind. 

3.  COMPURGATION  OF  THE  BROTHERS  OF  ADELHER. 

Passio  S.  Bonifatii,  ap.  Jafife,  Bibliotheca  Rer.  Germ.,  III.  p.  475.  Latin, 
nth  century. 

This  story  illustrates  one  of  the  abuses  to  which  the  system  of  compurgation 
lent  itself,  and  at  the  same  time  shows  how  the  clergy  attempted  to  overcome  it  by 
emphasizing  the  danger  of  immediate  punishment  to  the  perjurer. 

Some  time  after  this  it  happened  that  a  certain  priest  named  Adel- 
her  was  stricken  with  great  weakness.  He  was  indeed  deeply  devoted 
to  the  bishop  [Boniface]  on  account  of  his  noble  character,  and  knowing 
the  latter's  secrets  he  served  him  truly.  And  when  he  perceived  the 
end  of  life  approaching,  by  the  council  of  the  man  of  God  he  gave  what 


COMPURGATION    OF   BISHOP   NORGAUD.  5 

projierty  he  had  inherited  to  St.  Martin  of  Mainz.  After  this,  his  sick- 
ness increasing,  he  died.  Afterwards  his  brothers  violently  seized  what 
he  had  given  to  St.  Martin  in  the  following  places,  ....  And  when 
they  had  been  summoned  and  questioned  regarding  their  action,  they 
promised  to  prove  by  an  oath  that  the  property  was  rightly  theirs ;  and 
the  bishop  promised  to  be  present.  On  the  appointed  day  they  brought 
together  a  large  number  of  their  relatives.  The  man  of  God  was  like- 
wise there,  and  when  the  brothers  had  fetched  their  compurgators  to  the 
altar  he  is  reported  to  have  said:  "If  ye  will  swear,  swear  alone;  I  do 
not  dedire  that  ye  should  cause  the  damnation  of  all  these."  But  the 
brothers  took  the  oath.  And  immediately  the  bishop  turning  to  them 
said ;  "Have  ye  sworn?"  "We  have,"  they  replied.  Then  to  the  elder 
he  said:  "Thou  wilt  shortly  be  killed  by  a  bear" ;  but  to  the  younger, 
"Never  wilt  thou  see  son  or  daughtej-  from  thy  seed."  Both  of  the 
prophesies  proved  true.  And  so  the  church  of  St.  Martin  received  the 
heritage  given  to  it. 

4.      COMPURGATION   OF   BISHOP   NORGAUD   OF   AUTUN. 

Hugh  of  Flavigny,  Chron.  Lib.  II.  M.G.  SS.  VIII.  p.  494.     Latin. 

Norgaud,  Bishop  of  Autun,  had  been  accused  of  simony  by  his  canons,  and 
had  attempted  to  clear  himself  by  the  aid  of  oath-helpers ;  but  the  compurgators 
were  deterred  by  fear  of  the  charge  of  perjury,  and  Norgaud  was  deposed.  He 
refused  to  resign  his  office,  and  in  the  following  year  succeeded  in  being  reinstated 
by  purging  himself  in  the  absence  of  his  enemies.  The  incident  shows  another 
form  of  abuse  of  the  system. 

In  the  year  of  our  Lord  1101  John,  bishop  of  Frascati,  was  sent 

by  the  pope  into  England  to  look  after  the  papal  property 

The  cardinals  had  now  returned  to  Rome  openly  confirming  the  sen- 
tence of  de|X)sition  against  the  invader  of  the  see  of  Autun  and  pro- 
nouncing it  to  be  canonical  by  authentic  proofs,  when  the  bishop  of 
Lyons  began  openly  and  publicly  to  condemn  their  action.  As  he  was 
setting  out  on  a  pilgrimage  to  Jerusalem  in  company  with  the  bishop 
of  Chalons-sur-Saone  and  the  simoniacal  bishop  of  Autun  he  was  met 
on  the  way  by  the  aforesaid  bishop  of  Frascati  who,  in  the  absence  of 
accusers  and  outside  the  boundaries  of  his  province,  received  the  purga- 
tion of  him  of  Autun.  The  bishop  of  Lyons  aided  and  confirmed 
the  oath  as  follows:  "I  believe  that  Norgaud,  bishop  of  Autun,  has 
sworn  the  truth,  so  help  me  God."  The  bishop  of  Chalons-sur-Saone 
also  assisted  and  swore  the  same  thing.     I  am  astonished  that  the  good 


6  TRANSLATIONS   AND   REPRINTS. 

judgment  of  so  great  a  man,^  renowned  everywhere  for  his  inborn  good- 
ness and  honesty,  whose  unvarying  constancy  is  venerated  by  the  Galli- 
can  church  could  be  deceived  by  the  man  to  such  an  extent  that  even 
to  the  present  time  he  takes  his  part  as  a  compurgator,  cherishes  and 
protects  him,  and  is  almost  the  only  one  in  the  world  to  believe  good  of 
him,  although  an  almost  univei-sal  sentiment  condemns  such  a  favorable 
opinion. 

5.       PUNISHMENT   FOR   PERJURY. 

Lex  Fris.  xiv.,  3.  M.G.  LL.  III.  p.  668.     Latin.     About  800. 

As  the  efficiency  of  the  whole  system  of  compurgation  depended  upon  the  con- 
fidence that  could  be  placed  by  the  court  in  the  word  of  the  oath-helpers,  it  was 
necessary  to  make  the  penalty  for  false  swearing  as  severe  as  possible.  The  pun- 
ishment for  perjury  varied  in  different  codes.  That  mentioned  in  the  Frisian  law 
is  here  given. 

He  who  seeks  the  composition  for  homicide,^  let  him  swear  on  the 
relics  of  the  saints  that  he  will  not  accuse  any  one  of  this  except 
those  whom  he  suspects  of  the  murder ;  and  then  let  him  accuse  of  hom- 
icide one,  two,  or  even  three  or  four  or  however  many  there  may  have 
been  that  wounded  him  who  was  killed.  But,  though  there  were  twenty 
or  thirty,  yet  no  more  than  seven  can  be  accused,  and  let  each  one  of 
these  who  has  been  accused  swear  with  his  twelfth  hand,'  and  aft^r  the 
oath  let  him  show  himself  innocent  by  the  judgment  of  God  in  the  or- 
deal of  boiling  water.  Let  the  one  who  swore  first  go  first  to  the  ordeal, 
and  so  on  in  order.  He  who  shall  be  found  guilty  by  the  ordeal,  let 
him  pay  the  composition  for  homicide,  and  to  the  king  double  his  iver- 
gild;  let  the  others  who  were  his  oath-helpers  pay  the  fine  for  perjury  as 
has  been  previously  enacted.* 

6.       REFORM   OF   INNOCENT   III. 
Corp.  Jur.  C^n.  cc.  5  and  13,  Extra,  V.  34-     Latin. 

Although  by  the  13th  century  compurgation  had  come  to  be  looked  upon  with 
suspicion  by  royal  judges,  it  yet  continued  for  a  long  time  an  ordinary  method  of 
trial  for  the  clergy.  Innocent  III.  introduced  certain  reforms  which  did  away  with 
some  of  the  dangers  of  perjury,  but  he  thereby  weakened  the  force  of  the  oaths  and 
dealt  a  mortal  blow  to  the  system. 

^i.  e.,  the  bishop  of  Lyons. 

2  In  the  case  of  a  man  killed  in  a  crowd. 

^i.  e.,  with  eleven  compurgators. 

*This  fine  consisted  of  a  single  wer-gild  each.     Vid.  Tit.  X.  eadem  lege. 


FORMULA    FOR   CONDUCTING   ORDEALS.  7 

We  believe  you  are  not  ignorant  of  how  many  times  the  bishop  of 
Trent  has  been  accused  of  simony.  But  the  accusers  though  producing 
a  writing  were  unable  to  bring  forward  witnesses  according  to  canonical 
form  to  prove  that  he  had  given  the  church  of  St.  Peter  to  the  presbyter 
P.  for  four  measures  of  corn.  We  decree  to  the  common  council  of  our 
brethren  that  he  ought  to  purge  himself  of  the  aforesaid  simony  with 
three  of  his  own  order  and  four  abbots  and  regular  priests.  Now  the 
manner  of  purgation  shall  be  as  follows :  First,  the  bishop  shall  swear 
on  God's  sacred  Gospel  that,  for  giving  the  church  of  St.  Peter  to  the 
presbyter  P.,  he  has  received  no  price  personally  or  by  the  hand  of  a 
subordinate,  nor  to  his  knowledge  has  anyone  accepted  anything  for 
him.  Then  the  compurgators  shall  swear  upon  God's  holy  Gospel  that 
they  believe  he  has  spoken  the  truth. 

But  those  who  are  brought  forward  to  purge  another  of  infamy  are 
held  to  affirm  this  alone  by  their  oaths ;  namely,  that  they  believe  that 
he  who  is  being  purged  speaks  the  truth. 

II.     JUDGMENTS  OF  GOD— ORDEALS. 

I.       FORMULA    FOR   CONDUCTING   THE   ORDEAL   OF    BOILING    WATER.^ 

From  the  breviary  of  Eberhard  of  Bamberg,  ed.  Zeumer  in  M.G.  LL.  Sec.  V. 
Formulae,  p.  650.     Latin.      12th  or  13th  century. 

Let  the  priest  go  to  the  church  with  the  prosecutors  and  with  him 
who  is  about  to  be  tried.  And  while  the  rest  wait  in  the  vestibule  of 
the  church  let  the  priest  enter  and  put  on  the  sacred  garments  except 
the  chasuble  and,  taking  the  Gospel  and  the  chrismarium  and  the  relics 
of  the  saints  and  the  chalice,  let  him  go  to  the  altar  and  speak  thus  to 
all  the  people  standing  near:  Behold,  brethren,  the  offices  of  the 
Christian  religion.  Behold  the  law  in  which  is  hope  and  remission  of 
sins,  the  holy  oil  of  the  chrisma,  the  consecration  of  the  body  and  blood 
of  our  Lord.  Look  that  ye  be  not  deprived  of  the  heritage  of  such 
great  blessing  and  of  participation  in  it  by  implicating  yourselves  in  the 
crime  of  another,  for  it  is  written,  not  only  are  they  worthy  of  death  who 
do  these  things  but  they  that  have  pleasure  in  them  that  do  them.' 

Then  let  him  thus  address  the  one  who  is  to  undertake  the  ordeal : 
I  command  thee,  N.,  in  the  presence  of  all,  by  the  Father,  the  Son, 


*  This  may  be  taken  as  a  fair  example  of  ordeal  formulae  in  general,  as  they 
were  all  of  a  similar  nature.  * 

^'Rom.  I.  32. 


8  TRANSLATIONS   AND   REPRINTS. 

and  the  Holy  Ghost,  by  the  tremendous  day  of  judgment,  by  the  minis- 
try of  baptism,  by  thy  veneration  for  the  saints,  that,  if  thou  art  guilty 
of  this  matter  charged  against  thee,  if  thou  hast  done  it,  or  consented  to 
it,  or  hast  knowingly  seen  the  perpetrators  of  this  crime,  thou  enter  not 
into  the  church  nor  mingle  in  the  company  of  Christians  unless  thou 
wilt  confess  and  admit  thy  guilt  before  thou  art  examined  in  public 
judgment. 

Then  he  shall  designate  a  spot  in  the  vestibule  where  the  fire  is  to 
be  made  for  the  water,  and  shall  first  sprinkle  the  place  with  holy  water, 
and  shall  also  sprinkle  the  kettle  when  it  is  ready  to  be  hung  and  the 
water  in  it,  to  guard  against  the  illusions  of  the  devil.  Then,  entering 
the  church  with  the  others,  he  shall  celebrate  the  ordeal  mass.  After 
the  celebration  let  the  priest  go  with  the  people  to  the  place  of  the  or- 
deal, the  Gospel  in  his  left  hand,  the  cross,  censer  and  relics  of  the 
saints  being  carried  ahead,  and  let  him  chant  seven  penitential  psalms 
with  a  litany. 

Prayer  over  the  boiling  water:  O  God,  just  Judge,  firm  and  pa- 
tient, who  art  the  Author  of  peace,  and  judgest  truly,  determine  what 
is  right,  O  Lord,  and  make  known  Thy  righteous  judgment.  O  Omnip- 
otent God,  Thou  that  lookest  upon  the  earth  and  makest  it  to  tremble, 
Thou  that  by  the  gift  of  Thy  Son,  our  Lord  Jesus  Christ,  didst  save  the 
world  and  by  His  most  holy  passion  didst  redeem  the  human  race,  sanc- 
tify, O  Lord,  this  water  being  heated  by  fire.  Thou  that  didst  save 
the  three  youths,  Sidrac,  Misac,  and  Abednago,  cast  into  the  fiery  fur- 
nace at  the  command  of  Nebuchadnezzar,  and  didst  lead  them  forth  un- 
harmed by  the  hand  of  Thy  angel,  do  Thou  O  clement  and  most  holy 
Ruler,  give  aid  if  he  shall  plunge  his  hand  into  the  boiling  water,  being 
innocent,  and,  as  Thou  didst  liberate  the  three  youths  from  the  fiery 
furnace  and  didst  free  Susanna  from  the  false  charge,  so,  O  Lord,  bring 
forth  his  hand  safe  and  unharmed  from  this  water.  But  if  he  be  guilty 
and  presume  to  plunge  in  his  hand,  the  devil  hardening  his  heart,  let 
Thy  holy  justice  deign  to  declare  it,  that  Thy  virtue  may  be  manifest  in 
his  body  and  his  soul  be  saved  by  penitence  and  confession.  And  if  the 
guilty  man  shall  try  to  hide  his  sins  by  the  use  of  herbs  or  any  magic, 
let  Thy  right  hand  deign  to  bring  it  to  no  account.  Through  Thy  only 
begotten  Son,  our  Lord  Jesus  Christ,  who  dwelleth  with  Thee. 

Benediction  of  the  water :  I  bless  thee,  O  creature  of  water,  boiling 
above  the  fire,  in  the  name  of  the  Father,  and  of  the  Son,  and  of  the 
Holy  Ghost,  from  whom  all  things  proceed ;  I  adjure  thee  by  Him  who 
ordered  thee  to  water  the  whole  earth  from  the  four  rivers,  and  who 


FORMULA  FOR  CONDUCTING  ORDEALS.  9 

summoned  thee  forth  from  the  rock,  and  who  changed  thee  into  wine, 
that  no  wiles  of  the  devil  or  magic  of  men  be  able  to  separate  thee 
from  thy  virtues  as  a  medium  of  judgment;  but  may  est  thou  punish  the 
vile  and  the  wicked,  and  purify  the  innocent.  Through  Him  whom  hid- 
den things  do  not  escape  and  who  sent  thee  in  the  flood  over  the  whole 
earth  to  destroy  the  wicked  and  who  will  yet  come  to  judge  the  quick 
and  the  dead  and  the  world  by  fire.     Amen. 

Prayer:  Omnipotent,  Eternal  God,  we  humbly  beseech  Thee  in 
behalf  of  this  investigation  which  we  are  about  to  undertake  here 
amongst  us  that  iniquity  may  not  overcome  justice  but  that  falsehood 
may  be  subjected  to  truth.  And  if  anyone  seek  to  hinder  or  obscure 
this  examination  by  any  magic  or  by  herbs  of  the  earth,  deign  to  bring 
it  to  naught  by  Thy  right  hand,  O  upright  Judge. 

Then  let  the  man  who  is  to  be  tried,  as  well  as  the  kettle  or  pot  in 
which  is  the  boiling  water,  be  fumed  with  the  incense  of  myrrh,  and  let 
this  prayer  be  spoken :  O  God,  Thou  who  within  this  substance  of  water 
hast  hidden  Thy  most  solemn  sacraments,  be  graciously  present  with  us 
who  invoke  Thee,  and  upon  this  element  made  ready  by  much  purifica- 
tion pour  down  the  virtue  of  Thy  benediction  that  this  creature,  obedient 
to  Thy  mysteries,  may  be  endued  with  Thy  grace  to  detect  diabolical  and 
human  fallacies,  to  confute  their  inventions  and  arguments,  and  to  over- 
come their  multiform  arts.  May  all  the  wiles  of  the  hidden  enemy  be 
brought  to  naught  that  we  may  clearly  perceive  the  truth  regarding 
those  things  which  we  with  finite  senses  and  simple  hearts  are  seeking 
from  Thy  judgment  through  invocation  of  Thy  holy  name.  Let  not  the 
innocent,  we  beseech  Thee,  be  unjustly  condemned,  or  the  guilty  be 
able  to  delude  with  safety  those  who  seek  the  truth  from  Thee,  who  art 
the  true  Light,  who  seest  in  the  shadowy  darkness,  and  who  makest  our 
darkness  light.  O  Thou  who  perceivest  hidden  things  and  knowest 
what  is  secret,  show  and  declare  this  by  Thy  grace  and  make  the  knowl- 
edge of  the  truth  manifest  to  us  who  believe  in  Thee. 

Then  let  the  hand  that  is  to  be  placed  in  the  water  be  washed  with 
soap  and  let  it  be  carefully  examined  whether  it  is  sound ;  and  before  it 
is  thrust  in  let  the  priest  say:  I  adjure  thee,  O  vessel,  by  the  Father, 
and  the  Son,  and  the  Holy  Ghost,  and  by  the  holy  resurrection,  and  by 
the  tremendous  day  of  judgment,  and  by  the  four  Evangelists,  that  if 
this  man  be  guilty  of  this  crime  either  by  deed  or  by  consent,  let  the 
water  boil  violently,  and  do  thou,  0  vessel,  turn  and  swing. 

After  this  let  the  man  who  is  to  be  tried  plunge  in  his  hand,  and 


TO  TRANSLATIONS   AND    REPRINTS. 

afterwards  let  it  be  immediately  sealed  up.  After  the  ordeal  let  him 
take  a  drink  of  holy  water.  Up  to  the  time  of  the  decision  regarding 
the  ordeal  Mt  is  a  good  thing  to  mix  salt  and  holy  water  with  all  his 
food  and  drink. 

2.       ORDEAL   OF    HOt   WATER   UNDERTAKEN    BY    A    PRIEST   TO 
CONFUTE   A   HERETIC. 
Gregory  of  Tours,  In  Gloria  Martyr,  c.  80.  M.G.  SS.  Mer.  I,  p.  542.     Latin. 

An  Arian  presbyter  disputing  with  a  deacon  of  our  religion  made 
venemous  assertions  against  the  Son  of  God  and  the  Holy  Ghost,  as  is 
the  habit  of  that  sect.  But  when  the  deacon  had  discoursed  a  long 
time  concerning  the  reasonableness  of  our  faith  and  the  heretic,  blinded 
by  the  fog  of  unbelief  continued  to  reject  the  truth,  according  as  it  is 
written,  "Wisdom  shall  not  enter  the  mind  of  the  wicked,"  the  former 
said:  "Why  weary  ourselves  with  long  discussions?  Let  acts  approve 
the  truth ;  let  a  kettle .  be  heated  over  the  fire  and  someone's  ring  be 
thrown  into  the  boiling  water.  Let  him  who  shall  take  it  from  the 
heated  liquid  be  approved  as  a  follower  of  the  truth,  and  afterwards  let 
the  other  party  be  converted  to  the  knowledge  of  this  truth.  And  do 
thou  also  understand,  0  heretic,  that  this  our  party  will  fulfil  the  con- 
ditions with  the  aid  of  the  Holy  Ghost ;  thou  shalt  confess  that  there  is 
no  discordance,  no  dissimilarity  in  the  Holy  Trinity."  The  heretic  con- 
sented to  the  proposition  and  they  separated  aft«r  appointing  the  next 
morning  for  the  trial.  But  the  fervor  of  faith  in  which  the  deacon  had 
first  made  this  suggestion  began  to  cool  through  the  instigation  of  the 
enemy.  Rising  with  the  dawn  he  bathed  his  arm  in  oil  and  smeared  it 
with  ointment.  But  nevertheless  he  made  the  round  of  the  sacred 
places  and  called  in  prayer  on  the  Lord.  What  more  shall  I  say? 
About  the  third  hour  they  met  in  the  market  place.  The  people  came 
together  to  see  the  show.  A  fire  was  lighted,  the  kettle  was  placed 
upon  it,  and  when  it  grew  very  hot  the  ring  was  thrown  into  the  boiling 
water.  The  deacon  invited  the  heretic  to  take  it  out  of  the  water  first. 
But  he  promptly  refused,  saying,  "Thou  who  didst  propose  this  trial 
art  the  one  to  take  it  out."  The  deacon  all  of  a  tremble  bared  his  arm. 
And  when  the  heretic  presbyter  saw  it  besmeared  with  ointment  he  cried 
out:  "With  magic  arts  thou  hast  thought  to  protect  thyself,  that  thou 


^  A  period  of  three  days  was  allowed  to  elapse  before  the  hand  was  examined. 


DESCRIPTION    OF   COLD   WATER   ORDEAL.  II 

hast  made  use  of  these  salves,  but  what  thou  hast  done  will  not  avail." 
While  they  were  thus  quarreling  there  came  up  a  deacon  from  Ra- 
venna named  lacinthus  and  inquired  what  the  trouble  was  about. 
When  he  learned  the  truth  he  drew  his  arm  out  from  under  his  robe  at 
once  and  plunged  his  right  hand  into  the  kettle.  Now  the  ring  that 
had  been  thrown  in  was  a  little  thing  and  very  light  so  that  it  was 
thrown  about  by  the  water  as  chaff  would  be  blown  about  by  the  wind  ; 
and  searching  for  it  a  long  time  he  found  it  after  about  an  hour.  Mean- 
while the  flame  beneath  the  kettle  blazed  up  mightily  so  that  the  greater 
heat  might  make  it  difficult  for  the  ring  to  be  followed  by  the  hand ; 
but  the  deacon  extracted  it  at  length  and  suffered  no  harm,  protesting 
rather  that  at  the  bottom  the  kettle  was  cold  while  at  the  top  it  was  just 
pleasantly  warm.  When,  the  heretic  beheld  this  he  was  greatly  con- 
fused and  audaciously  thrust  his  hand  into  the  kettle  saying,  "My  faith 
will  aid  me."  As  soon  as  his  hand  had  been  thrust  in  all  the  flesh  was 
boiled  off*  the  bones  clear  up  to  the  elbow.     And  so  the  dispute  ended. 

3.       HINCMAR's   description    of   THE   COLD   WATER   ORDEAL. 

De  Divert.   Lotharii  c.   vi.  in    Migne :    Patrologia,  Vol.    125,  col.  668,  669. 
Latin. 

Now  the  one  about  to  be  examined  is  bound  by  a  rope  and  cast 
into  the  water  because,  as  it  is  written,  each  one  shall  be  holden  with 
the  cords  of  his  iniquity.*  And  it  is  evident  that  he  is  bound  for  two 
reasons ;  to  wit,  that  he  may  not  be  able  to  practice  any  fraud  in  con- 
nection with  the  judgment,  and  that  he  may  be  drawn  out  at  the  right 
time  if  the  water  should  receive  him  as  innocent,  so  that  he  perish  not. 
For  as  we  read  that  Lazarus,  who  had  been  dead  four  days  (by  whom 
is  signified  each  one  buried  under  a  load  of  crimes),  was  buried  wrapped 
in  bandages  and,  bound  by  the  same  bands,  came  forth  from  the  sep- 
ulchre at  the  word  of  the  Lord  and  was  loosed  by  the  disciples  at  his 
command;  so  he  who  is  to  be  examined  by  this  judgment  is  cast  into 
the  water  bound,  and  is  drawn  forth  again  bound,  and  is  either  im- 
mediately set  free  by  the  judgment  of  the  judges,  being  purged,  or  re- 
mains bound  till  the  time  of  his  purgation  and  is  then  examined  by  the 

court And  in  this  ordeal  of  cold  water  whoever,  after  the 

invocation  of  God,  Who  is  the  Truth,  seeks  to  hide  the  truth  by  a  lie, 


Prov.  V.  22. 


12  TRANSLATIONS    AND   REPRINTS. 

cannot  be  submerged  in  the  waters  above  which  the  voice  of  the  Lord 
God  has  thundered ;  for  the  pure  nature  of  the  water  recognizes  as  im- 
pure and  therefore  rejects  as  inconsistnet  with  itself  such  human  nature 
as  has  once  been  regenerated  by  the  waters  of  baptism  and  is  again  in- 
fected by  falsehood. 

4.       DOOM   OF   KING    AETHELSTAN    REGARDING   THE   ORDEAL    OF 
RED-HOT   IRON. 

Thorpe's  Ancient  Laws  of  England.    I,  p,  226.  Anglo  Saxon,  and  Latin.    Also 
Concil.  Greatanlea.  can.  vii  and  viii,  in  Harduin  VI,  col.  569.     Latin.     928.  A.  D. 

If  anyone  shall  have  given  pledge  to  undergo  the  ordeal  of  iron 

,  let  him  go  three  days  beforehand  to  the  priest  whose  duty  it  is 

to  bless  him  with  the  sign  of  the  cross ;  and  let  him  live  upon  bread, 
water,  salt  and  herbs,  and  hear  mass  each  one  of  the  three  days ;  and  let 
him  make  his  offering  and  go  to  the  holy  communion  on  the  day  when 
he  is  to  be  examined  by  the  ordeal ;  and  before  he  is  examined  let  him 

swear  that  by  the  law  of  the  realm  he  is  innocent  of  the  charge 

Concerning  the  ordeal  we  enjoin  in  the  name  of  God  and  by  the  com- 
mand of  the  archbishop  and  of  all  our  bishops  that  no  one  enter  the 
church  after  the  fire  has  been  brought  in  with  which  the  ordeal  is  to  be 
heated  except  the  priest  and  him  who  is  to  undergo  j  udgment.  And  let 
nine  feet  be  measured  off  from  the  stake  to  the  mark,  by  the  feet  of  him 

who  is  to  be  tried And  when  the  ordeal  is  ready  let  two  men 

from  each  side  go  in  and  certify  that  it  is  as  hot  as  we  have  directed  it 
to  be.  Then  let  an  equal  number  from  both  sides  enter  and  stand  on 
either  side  of  the  judgment  place  along  the  church,  and  let  them  all  be 
fasting  and  abstinent  from  their  wives  on  the  preceding  night.  And  let 
the  priest  sprinkle  them  all  with  water  and  let  them  bow  themselves 
everyone  to  the  holy  water  and  let  the  holy  Gospel  and  the  cross  be 
given  them  all  to  kiss.  And  no  one  shall  mend  the  fire  any  longer  than 
the  beginning  of  the  hallowing,  but  let  the  iron  lie  on  the  coals  until  the 
last  collect.  Afterwards  let  it  be  placed  on  a  frame,  and  let  no  one 
speak  except  to  pray  diligently  to  God,  the  Father  Omnipotent,  to  deign 
to  manifest  His  truth  in  the  matter.  And  let  the  accused  drink  of  the 
holy  water  and  then  let  the  hand  with  which  he  is  about  to  carry  the 
iron  be  sprinkled,  and  so  let  him  go  [to  the  ordeal.]  Let  the  nine  feet 
that  were  measured  off  be  divided  into  three  sections.  In  the  first  di- 
vision let  him  hold  his  right  foot,  close  to  the  stake.     Then  let  him 


ORDEAL   UNDERGONE   BY    QUEEN    EMMA.  1 3 

move  his  right  foot  across  the  second  into  the  third  division,  where  he 
shall  cast  the  iron  in  front  of  him  and  hasten  to  the  holy  altar.  Then 
let  his  hand  be  sealed  up,  and  on  the  third  day  let  examination  be  made 
whether  it  is  clean  or  foul^  within  the  wrapper.  And  whoever  shall 
transgress  these  laws,  be  the  ordeal  of  no  worth  in  his  case,  but  let  him 
pay  the  king  a  fine  of  twenty  shillings. 

5.       ORDEAL   OF   GLOWING   PLOUGHSHARES   UNDERGONE   BY 
QUEEN    EMMA. 

Annales  Winton.  ann.  1043,  in  Annales  Monastic!  II.  pp.  23,  24.  R.  S. 
Latin. 

This  story  though  evidently  apocryphal  ^  was  probably  written  about  the  end 
of  the  1 2th  century  and  gives  an  idea  of  the  ceremony  as  it  was  employed  at  that 
time. 

The  queen  was  brought  at  the  king's  command  from  Whewell  to 
Winchester  and  throughout  all  the  night  preceding  her  trial  she  kept 

her  vigil  at  the  shrine  of  St.  Swithin On  the  appointed  day 

the  clergy  and  the  people  came  to  the  church  and  the  king  himself  sat 
on  the  tribunal.  The  queen  was  brought  before  her  son  and  questioned 
whether  she  was  willing  to  go  through  with  what  she  had  undertaken. 
....  Nine  glowing  ploughshares  were  placed  on  the  carefully 
swept  pavement  of  the  church.  After  these  had  been  consecrated  by 
a  short  ceremony  the  queen's  shoes  and  stockings  were  taken  off;  then 
her  robe  was  removed  and  her  cloak  thrown  aside,  and,  supported 
by  two  bishops,  one  on  either  side,  she  was  led  to  the  torture.  The 
bishops  who  led  her  were  weeping  and  those  who  were  much  more  afraid 
than  she  were  encouraging  her  not  to  fear.  Uncontrollable  weeping 
broke  out  all  over  the  church  and  all  voices  were  united  in  the  cry 
"St.  Swithin,  O  St.  Swithin,  help  her!"  If  the  thunder  had  pealed  forth 
at  this  time  the  people  would  not  have  heard  it,  with  such  strength,  with 
such  a  concourse  of  voices  did  the  shout  go  up  to  Heaven  that  St. 
Swithin  should  now  or  never  hasten  to  her  aid.  God  suffers  violence 
and  St.  Swithin  is  dragged  by  force  from  Heaven.  In  a  low  voice  the 
queen  offered  this  prayer  as  she  undertook  the  ordeal:  *'0  God,  who 
didst  free  Susanna  from  the  wicked  elders  and  the  three  youths  from 


*  A  blister  found  on  the  hand  was  sufficient  for  conviction,  in  some  cases  at 
least.     See  Eng.  Hist.  Rev.  Ill,  p.  159. 

2  See  Freeman,  Norman  Conquest  II.  p.  568. 


14  TRANSLATIONS   AND   REPRINTS. 

the  fiery  furnace,  from  the  fire  prepared  for  me  deign  to  preserve  me 
through  the  merits  of  St.  Swithin." 

Behold  the  miracle !  With  the  bishops  directing  her  feet,  in  nine 
steps  she  walked  upon  the  nine  ploughshares,  pressing  each  one  of  them 
with  the  full  weight  of  her  whole  body ;  and  though  she  thus  passed 
over  them  all,  she  neither  saw  the  iron  nor  felt  the  heat.  Therefore 
she  said  to  the  bishops:  ''Am  I  not  to  obtain  that  which  I  especially 
sought?  Why  do  you  lead  me  out  of  the  church  when  I  ought  to  be 
tried  within  it?"  For  she  was  going  out  and  yet  did  not  realize  that 
she  had  gone  through  the  ordeal.  To  which  the  bishops  replied  as  well  as 
they  could  through  their  sobs :  "O  lady,  behold,  you  have  already  done 
it;  the  deed  is  now  accomplished  which  you  think  must  yet  be  done." 
She  gazed  and  her  eyes  were  opened ;  then  for  the  first  time  she  looked 
about  and  understood  the  miracle.  "Lead  me,"  she  said,  "to  my  son, 
that  he  may  see  my  feet  and  know  that  I  have  suffered  no  ill." 

6.       ORDEAL   OF   FIRE. 

Raimond  of  Agiles  c.  xviii.  Recueil  des  Hist,  des  Crois.  Hist.  Occ.  Vol. 
Ill,  p.  283.    Latin.    Ct.  also,  J'ulk  of  Chartres,  c.  x.,  and  Ralph  of  Caen,  c.  cviii. 

When  the  Holy  Lance  was  discovered  by  Peter  Bartholomew  at  Antioch  dur- 
ing the  first  crusade,  doubts  as  to  the  genuineness  of  the  relic  were  expressed  by 
Boemund  and  his  followers.  To  silence  these  Peter  was  compelled  to  undergo 
the  ordeal  of  fire  to  prove  that  it  was  really  the  spear  wherewith  the  side  of  our 
Lord  had  been  pierced.     Raimond  of  Agiles  was  a  firm  believer  in  the  relic. 

....  All  these  things  were  pleasing  to  us,  and  having  enjoined 
on  him  [i.  e.,  Peter  Bartholomew]  a  fast  we  declared  that  a  fire  should 
be  prepared  upon  that  day  on  which  the  Lord  was  beaten  with  stripes 
and  put  upon  the  cross  for  our  salvation.  And  the  fourth  day  there- 
after was  the  day  before  the  Sabbath.  So  when  the  appointed  day 
came  round  a  fire  was  prepared  afler  the  noon  hour.  The  leaders  and 
the  people  to  the  number  of  60,000  came  together  ;  the  priests  were 
there  also  with  bare  feet,  clothed  in  ecclesiastical  garments.  The  fire 
was  made  of  dry  olive  branches,  covering  a  space  thirteen  feet  long ; 
and  there  were  two  piles  with  a  space  about  a  foot  wide  between  them. 
The  height  of  these  piles  was  four  feet.  Now  when  the  fire  had  been 
kindled  so  that  it  burned  fiercely,  I,  Raimond,  in  presence  of  the  whole 
multitude,  spoke:  " If  Omnipotent  God  has  spoken  to  this  man  face  to 
face,  and  the  blessed  Andrew  has  shown  him  our  Lord's  lance  while  he 
was  keeping  his  vigil,  let  him  go  through  the  fire  unharmed.     But  if  it 


ORDEAL   OF   FIRE.  1 5 

is  false,  let  him  be  burned  together  with  the  lance  which  he  is  to  carry- 
in  his  hand."  And  all  responded  on  bended  knees,  "Amen."  The 
fire  was  growing  so  hot  that  the  flames  shot  up  thirty  cubits  high  into 
the  air  and  scarcely  anyone  dared  approach  it.  Then  Peter  Bartholo- 
mew clothed  only  in  his  tunic  and  kneeling  before  the  bishop  of  Albar 
called  God  to  witness  "that  he  had  seen  Him  face  to  face  on  the  cross, 

and  that  he  had  heard  from  Him  those  things  above  written " 

Then  when  the  bishop  had  placed  the  lance  in  his  hand,  he  kneeled 
and  made  the  sign  of  the  cross  and  entered  the  fire  with  the  lance,  firm  and 
unterrified.     For  an  instant's  time  he  paused  in  the  midst  of  the  flames, 

and  then  by  the  grace  of  God  passed  through But  when 

Peter  emerged  from  the  fire  so  that  neither  his  tunic  was  burned 
nor  even  the  thin  cloth  with  which  the  lance  was  wrapped  up  had  shown 
any  sign  of  damage,  the  whole  people  received  him  after  that  he  had 
made  over  them  the  sign  of  the  cross  with  the  lance  in  his  hand  and 
had  cried,  "God  aid  us!"  All  the  people,  I  say,  threw  themselves  upon 
him  and  dragged  him  to  the  ground  and  trampled  on  him,  each  one 
wishing  to  touch  him  or  to  get  a  piece  of  his  garment,  and  each  think- 
ing him  near  someone  else.  And  so  he  received  three  or  four  wounds  in 
the  legs  where  the  flesh  was  torn  away,  his  back  was  injured  and  his 
sides  bruised.  Peter  had  died  on  the  spot,  as  we  believe,  had  not 
Raimond  Pelet,  a  brave  and  noble  soldier,  broken  through  the  w41d 
crowd  with  a  band  of  friends  and  rescued  him  at  the  peril  of  their  lives. 
,  .  .  .  .  After  this^  Peter  died  in  peace  at  the  hour  appointed  to  him 
by  Grod,  and  journeyed  to  the  Lord ;  and  he  was  buried  in  the  place 
where  he  had  carried  the  lance  of  the  Lord  through  the  fire.^ 


^  Twelve  days  later. 

2  A  great  controversy  arose  as  to  the  cause  of  his  death,  his  friends  ascribing  it 
to  his  rough  treatment  after  the  ordeal,  his  enemies  declaring  that  it  was  due  to  the 
burns  he  had  received.  From  the  statement  of  the  anonymous  author  of  an 
abridgement  to  Fulk  of  Chartres  to  the  effect  that  Peter  did  not  live  through 
fifteen  days  following  the  ordeal,  but  died  on  the  twelfth,  it  would  seem  that 
fifteen  days  was  the  period  fixed  by  law  within  which  the  judgment  of  God  was 
expected  to  manifest  itself.     Gesta  Franc.  Iherusalem  expugnantium,  c.  XXVI. 


1 6  TRANSLATIONS   AND   REPRINTS. 

7.      ORDEAL   OF  THE  CROSS. 

(a)  Capitulary  of  Charles  the  Great. 
Charta  divis.  c.  14  Baluze :  Capitularia  I,  col.  309.     Latin. 
In  the  ordeal  of  the  cross  the  two  litigants  were-placed  standing  before  a  cra- 
eifix  with  their  arms  outstretched.     The  one  who  was  able  to  maintain  this  position 
the  longer  won  his  case. 

If  a  dispute,  contention,  or  controversy  shall  arise  between  the 
parties  regarding  the  boundaries  or  limits  of  their  kingdoms  of  such  a 
nature  that  it  cannot  be  settled  or  terminated  by  human  evidence,  then 
we  desire  that  for  the  decision  of  the  matter  the  will  of  God  and  the 
truth  of  the  dispute  may  be  sought  by  means  of  the  judgment  of  the 
cross,  nor  shall  any  sort  of  battle  or  duel  ever  be  adjudged  for  the  de- 
cision of  any  such  question, 

(b)  Capitulary  of  Louis  le  D^bonnaire. 
Capit.  Eccl.,  ann.  818,  c.  27.     M.G.  LL.  vol.  I,  p.  209.     Latin. 
It  is  enacted  that  hereafter  no  one  shall  presume  to  undertake  any 
sort  of  ordeal  of  the  cross ;  lest  that  which  was  glorified  by  the  passion 
of  Christ  should  be  brought  into  contempt  through  anyone's  temerity. 

8.      DISTRUST   OF   ORDEAL   SHOWN   BY   LAW   OF   HENRY    II. 
Assize  of  Clarendon,  §  14,  in  Gesta  Heinrici  II.,  II.  p,  clii.  R.  S.     Latin. 

Also  the  lord  king  wishes  that  those  who  shall  make  their  law' 
and  shall  be  acquitted  by  the  law,  if  they  be  of  very  bad  repute  and 
evilly  defamed  by  the  testimony  of  many  legal  men,  shall  abjure  the 
realm,  so  that  within  eight  days  they  shall  cross  the  sea  unless  the  wind 
shall  detain  them ;  and  with  the  first  wind  they  shall  have  thereafter 
they  shall  cross  the  sea ;  and  moreover  they  shall  not  return  to  England 
except  by  grace  of  the  king ;  and  there  let  them  be  outlawed.  And  if 
they  return  let  them  be  seized  as  outlaws. 

9.       ABOLITION    OF   ORDEALS. 
(a)  Decree  of  Innocent  III. 

Corp.  Jur.  Can.  c.  9,  Extra,  III.  50  (Can.  18,  Cone.  Lateran.  IV.  ann.  1215.) 
Latin. 

Also  let  no  ecclesiastic  be  placed  in  command  of  low  soldiery,  or 
bowmen,  or  men  of  blood  of  that  sort,  nor  let  any  subdeacon,  deacon,  or 


M.  e.,  who  shall  be  admitted  to  the  ordeal. 


INSTRUCTIONS   OF    HENRY    III.    ABOUT   ORDEALS.  1 7 

priest  pactice  any  office  of  surgery  which  requires  burning  or  cutting. 
Nor  let  anyone  pronounce  over  the  ordeal  of  hot  or  cold  water  or  glow- 
ing iron  any  benediction  or  rite  of  consecration,  regard  being  also  paid 
to  the  prohibitions  formerly  promulgated  respecting  the  single  combat  or 

duel. 

I 

(b)  Instructions  of  Henry  III.  to  his  judges  in  1219. 
Rymer's  Foedera  (old  ed.)  I.  p.  228.     Latin. 

The  king  to  his  beloved  and  faithful  Philip  de  Ulletot  and  his  fel- 
low judges  traveling  in  the  counties  of  Cumberland,  Westmoreland,  and 
Lancaster,  greeting :  Since  it  was  doubtful  and  undetermined  at  the 
beginning  of  your  isyre  by  what  sort  of  judgment  they  ought  to  be 
brought  to  trial  who  were  accused  of  theft,  murder,  incendiarism,  and 
similar  crimes,  inasmuch  as  the  Roman  Church  has  prohibited  the 
judgment  of  fire  and  water,  it  is  enacted  by  our  council  that  in  this 
your  eyre  the  matter  be  thus  conducted  for  the  present  in  regard  to 
those  accused  of  such  excesses.  To  wit,  that  those  accused  of  the  afore- 
said major  crimes,  who  may  be  strongly  suspected  of  being  guilty  and 
regarding  whom  the  suspicion  might  still  be  entertained  that  they  would 
do  harm  should  they  be  allowed  to  abjure  the  realm,  that  such  persons 
should  be  retained  in  our  prison  and  guarded  carefully  that  they  may 
incur  no  danger  of  life  or  limb  by  occasion  of  our  prison.  But  those 
who  may  be  accused  of  moderate  crimes,  in  whose  cases  the  ordeal  of 
fire  or  water  would  have  been  applicable  had  it  not  been  prohibited, 
and  who  are  not  suspected  of  being  liable  to  do  harm  afterwards  if  they 
should  abjure  our  realm,  let  them  abjure  the  realm.  As  to  those,  how- 
ever, who  may  be  accused  of  minor  crimes,  and  who  are  not  held  in 
suspicion,  let  them  give  sure  and  sufficient  pledge  of  fidelity  and  inten- 
tion to  keep  the  peace  and  so  let  them  be  dismissed. 

Since,  therefore,  our  council  has  provided  nothing  more  definite  in 
this  matter,  we  leave  to  your  discretion  to  observe  the  aforesaid  regula- 
tion, so  that  you  who  are  better  able  to  recognize  the  persons  of  the 
men,  the  form  of  the  crime  and  the  truth  of  the  matter  itself  may  pro- 
ceed in  this  according  to  your  conscience  and  discretion. 

(c)  Edict  of  Pope  Honorius  in  1222  renewing  the  prohibition  of  the  ordeal. 
Corp.  Jur.  Can.  (ed.  Friedberg)  c.  3,  Extra,  V.,  35.     Latin. 
Our  beloved  sons  recently  baptized  in  Livonia  have  addressed  a 


t8  translations  and  reprints. 

serious  complaint  to  us  that  the  Teutonic  Knights  of  Livonia  and  certain 
other  advocates  and  judges  who  exercise  temporal  power  in  the  country, 
if  ever  the  inhabitants  are  accused  of  any  sort  of  crime,  comi^el  them  to 
undergo  the  judgment  of  red-hot  iron ;  and  if  they  suffer  any  burns  from 
this,  they  inflict  civil  penalties  on  them  much  to  the  scandal  and  terror 
of  the  converts  and  of  those  about  to  be  converted.  Sinc^,  therefore, 
this  sort  of  judgment  has  been  utterly  forbidden  by  legitimate  and  ca- 
nonical decrees,  inasmuch  as  God  appears  thereby  to  be  tempted,  we 
command  thee  that,  setting  aside  any  appeal,  and  warning  them  by  ec- 
clesiastical censure,  thou  shouldst  compel  the  said  brothel's  and  others 
to  desist  from  all  similar  oppression  of  the  converts. 

lO.       LAW   OF   FREDERIC   XL    AGAINST   THE   ORDEAL. 

Const.    Sicular.   Lib.  II.,  Tit.   31.     Huillard-BrehoUes :  Hist.  Dip.   Frid.   II, 
vol.  IV,  part  I,  p.  102.     Latin. 

The  laws  which  are  called  by  certain  ingenuous  pei-sons  paHUles,^ 
which  neither  regard  nature  nor  give  heed  to  the  truth,  We.  who  in- 
vestigate the  true  science  of  laws  and  reject  their  errors,  abolish  from 
our  tribunals ;  forbidding  by  the  edict  published  under  sanction  of  our 
name  all  the  judges  of  our  kingdom  ever  to  impose  on  any  of  our  faith- 
ful subjects  these  parlbiles  laws,  which  ought  rather  to  be  called  laws 
that  conceal  the  truth ;  but  let  them  be  content  with  ordinary  proofs 
such  as  are  prescribed  in  the  ancient  laws  and  in  our  constitutions.  In- 
deed, we  consider  that  they  deserve  ridicule  rather  than  instruction  who 
have  so  little  understanding  as  to  believe  that  the  natural  heat  of  red- 
hot  iron  grows  mild,  nay,  (what  is  more  foolish)  even  turns  to  coldness 
without  the  working  of  an  adequate  cause ;  or  who  assert  that  on  ac- 
count of  a  troubled  conscience  alone  a  criminal  does  not  sink  into  the 
cold  water,  when  rather  it  is  the  holding  in  of  sufficient  air  that  does 
not  allow  of  his  being  submerged.^ 


1  Lex  paribilis  from  a  duel  or  combat  of  peers  or  champions.     Ducange. 

2  This  last  clause  is  supposed  to  refer  to  some  artifice  whereby  those  conduct- 
ing the  ordeal  secured  a  conviction  when  they  so  desired. 


EXAMPLE   OF   JUDICIAL   DUEL.  1 9 

III.     JUDGMENTS  OF  GOD— WAGER  OF  BATTLE. 

The  practice  of  appealing  to  the  judgment  of  God  to  settle  questions  which  it 
transcended  man's  wisdom  to  decide  is  of  prehistoric  origin.  When  the  Germans 
invaded  the  empire  a  great  impetus  was  given  this  custom  by  the  resulting  compli- 
cations in  legal  relations.  The  theory  of  the  personality  of  the  law  made  it  difficult 
if  not  impossible  to  equitably  decide  questions  arising  between  subjects  of  two  dif- 
ferent races  by  any  other  method  than  an  appeal  to  divine  justice,  and  hence  we 
find  the  ordeal  and  wager  of  battle  greatly  extended  and  its  procedure  adopted  and 
systematized  by  the  church.  In  this  way  the  latter  obtained  great  influence  over 
the  minds  of  the  barbarians  and  added  largely  to  its  power  and  revenues  by  assum- 
ing control  of  the  administration  of  justice.  The  ordeal  continued  to  flourish  until 
the  13th  century,  when  the  developing  national  monarchies  gradually  forced  it  to 
give  way.  The  papal  influence,  likewise  thrown  on  the  side  of  the  reform,  materi- 
ally aided  the  movement  in  spite  of  the  opposition  of  the  local  clergy.  The  wager 
of  battle,  however,  though  even  more  strenuously  opposed  by  the  church,  did  not 
meet  with  the  same  hostility  from  the  secular  authorities,  and  is  to  be  met  with  oc- 
casionally as  late  as  the  i6th  century.  In  England  it  was  not  formally  abolished 
until  i3i9. 

I. 

Wiponis  Vita  Chuonradi  Imp.,  c.  ;^2.  ann.  1033.  M.G.  SS.  XI.  p.  271. 

The  emperor  having  levied  a  force  in  Saxony  marched  upon  the 
Liiitzes,''  a  people  who  were  formerly  half  Christians  but  who  have 
wickedly  apostatized  and  are  now  become  thorough  pagans.  In  their 
district  he  put  an  end  to  an  implacable  strife  in  a  wonderful  manner. 
Between  the  Saxons  and  the  pagans  at  that  time  fighting  and  raids  were 
being  carried  on  incessantly,  and  when  the  emperor  came  he  began  to 
inquire  which  side  had  first  broken  the  peace  that  had  long  been  ob- 
served inviolate  between  them.  The  pagans  said  that  the  peace  had 
been  disturbed  first  by  the  Saxons,  and  they  would  prove  this  by  the 
duel  if  the  emperor  would  so  direct.  On  the  other  side  the  Saxons 
pledged  themselves  to  refute  the  pagans  in  like  manner  by  single  com- 
bat, though  as  a  matter  of  fact  their  contention  was  unti'ue.  The  em- 
peror after  consulting  his  princes  permitted  the  matter  to  be  settled  be- 
tween them  by  a  duel,  though  this  was  not  a  very  wise  act.  T'vvo 
champions,  each  selected  by  his  own  side,  immediately  engaged.  The 
Christian,  trusting  in  his  faith  alone,  though  faith  without  the  works  of 


^  For  a  good  example  of  the  judicial  duel  under  Otto  I.  see  Widukind,  Saxon 
Chronicle,  a7i.  938,  trans,  in  Emerton's  Introducti07i  to  the  Middle  Ages,  p.  ?>2,. 
^  A  Wendish  tribe  living  on  the  east  side  of  the  river  Elbe. 


20  TRANSLATIONS   AND   REPRINTS. 

justice  is  dead,  began  the  attack  fiercely  without  diligently  considering 
that  God,  who  is  the  Truth,  who  maketh  His  sun  to  shine  upon  the  evil 
and  the  good,  and  the  rain  to  fall  upon  the  just  and  the  unjust,  decides 
all  things  by  a  true  judgment.  The  pagan  on  the  other  hand  resisted 
stoutly,  having  before  his  eyes  only  the  consciousness  of  the  truth  for 
which  he  was  fighting.  Finally  the  Christian  fell  wounded  by  the 
pagan.  Thereupon  his  party  were  seized  with  such  elation  and  pre- 
sumption that,  had  the  emperor  not  been  present,  they  would  forthwith 
have  rushed  upon  the  Christians;  but  the  emperor  constructed  the 
fortress  Werben  in  which  he  placed  a  garrison  of  soldiers  to  check  their 
incursions  and  bound  the  Saxon  princes  by  an  oath  and  by  the  imperial 
commands  to  a  unanimous  resistance  against  the  pagans.  Then  he  re- 
turned to  Franconia.* 

2.      THE   JUDICIAL   COMBAT   IN   SPAIN. 

Rodencus  Toletanus,  Lib.  VI.  c.  26.  Bel :  Rerum  Hispanic.  Script.  I,  p.  241. 
Latin.     13th  century. 

The  old  Gothic  or  Mozarabic  ritual  long  preserved  its  place  in  the  churches  oi 
Spain,  but  Gregory  VIL  on  his  accession  determined  to  substitute  the  Roman  in 
place  of  the  old  national  service  in  Castile  and  Leon.  The  supporters  of  the  papal 
policy  were  not  at  first  able  to  carry  their  point  by  means  of  aigument,  and  resort 
was  had  to  single  combat  between  champions,  one  representing  the  Roman,  the 
other  the  Gothic  ritual.^ 

But  before  the  recall  [of  the  legate  Richard]  the  clergy  and  peo- 
ple of  all  Spain  were  thrown  into  confusion  by  being  compelled  by  the 
legate  and  the  prince  to  accept  the  Gallic  ritual.  On  an  appointed  day 
the  king,  the  primate,  the  legate,  the  clergy,  and  a  vast  multitude  of 
people  came  together  and  a  long  altercation  took  place^  the  clergy, 
soldiery  and  people  firmly  resisting  a  change  in  the  service,  the  king, 
under  the  influence  of  the  queen,  supporting  the  change  with  threats 
and  menaces.  Finally  the  demands  of  the  soldiery  brought  matters  to 
such  a  crisis  that  it  was  decided  to  settle  the  dispute  by  a  duel.  When 
two  soldiers  had  been  selected,  one  by  the  king,  who  contended  for  the 
Gallic  ritual,  the  other  by  the  soldiery  and  people,  who  were  equally 
zealous  for  the  ritual  of  Toledo,  the  king's  champion  was  defeated  on 


^  For  a  discussion  of  this  incident  see  Jahrbucher  d.  deutschen  Geschichte, 
Konrad  IL,  II.  94,  sq. 

2  See  Hefele,  Conciliengeschichte  V.,  pp.  158  and  2CX). 


LAW   OF    FREDERIC    II.    ABOLISHING   WAGER   OF    BATTLE.  21 

the  spot  to  the  exultation  of  the  people,  because  the  victor  was  the 
champion  of  the  Toledo  service.  But  the  king  was  so  far  persuaded  by- 
queen  Constantia  that  he  did  not  recede  from  his  demands,  adjudging 

the  duel  to  be  of  no  weight And  when  thereupon  a  great 

tumult  arose  among  the  soldiers  and  the  people,  it  was  finally  decided 
that  a  copy  of  the  Toledo  ritual,  and  one  of  the  Gallic  should  be  placed 
in  a  great  fire.  When  a  fast  had  been  imposed  upon  all  by  the  pri- 
mate, legate,  and  clergy,  and  all  had  devoutly  prayed,  the  Gallic  of- 
fice was  consumed  by  the  fire,  while  the  Gothic  leaped  up  above  the 
flames  and  was  seen  by  all  who  stood  there  praising  the  Lord  to  be 
wholly  uninjured  and  untouched  by  the  fire.  But  since  the  king  was 
obstinate  and  stiff-necked  he  would  not  turn  aside  either  through  fear  of 
the  miracle  or  through  supplication  of  the  people,  but,  threatening  con- 
fiscation and  death  against  those  who  resisted,  he  ordered  the  Gallic  of- 
fice to  be  adopted  in  all  his  dominions.  Whence  arose  from  the  grief 
and  sorrow  of  all  the  proverb.  Quo  volunt  Reges,  vadunt  Leges. 

3.       LAW  OF  FREDERIC  IL  ABOLISHING  WAGER  OF   BATTLE   IN   SICILY. 

Const.  Sicular.  Lib.  II.,  Tit.  ss-     H.  Br6holles:  Op.  cit.  vol.  IV,  part  I,  p. 
105.     Latin. 

We  will  that  the  single  combat,  or  duel  as  it  is  commonly  called, 
shall  never  be  adjudged  between  men  subject  to  our  jurisdiction,  except 
in  a  few  specified  cases ;  for  it  cannot  be  called  so  much  a  real  proof  as 
a  sort  of  divination,  which  is  not  in  accord  with  nature  but  is  opposed  to 
universal  law  and  inconsistent  with  just  reason.  For  it  is  almost  if  not 
quite  impossible  for  two  champions  to  come  together  so  equally  matched 
that  the  one  is  not  wholly  superior  to  the  other  in  strength  or  does  not 
excel  him  in  some  other  way  by  greater  vigor  and  courage  or  at  least  in 
cleverness.  But  we  exclude  from  the  benefit  of  this  humane  edict  mur- 
derers who  are  charged  with  having  caused  the  death  of  others  by  using 
poison  or  some  other  secret  means ;  and  even  against  these  we  do  not 
sanction  the  wager  of  battle  at  the  beginning  of  the  trial,  but  command 
that  ordinary  proofs  be  first  adduced  against  them  if  there  be  any  such 
at  hand,  and  that  only  then,  as  a  last  resort,  when  the  crime  cannot  be 
fully  established  by  other  proofs  after  a  thorough  investigation  by  the 
officials  of  the  court,  resort  may  be  had  to  the  judgment  of  battle  to  de- 
cide the  above  charges :  and  we  wish  all  these  things  to  be  arranged 
through  the  medium  of  a  judge  fully  cognizant  of  the  proceedings,  that 


22  TRANSLATIONS   AND   REPRINTS. 

he  may  carefully  and  diligently  investigate  the  proofs  brought  out  by 
the  inquisition.  And  if  the  charges  shall  not  be  proved  as  stated  let 
him  grant  the  accuser  permission  to  offer  battle,  if  nothing  was  brought 
out  in  court  prejudicial  to  the  accuser's  right.  But  if  the  accuser  should 
first  offer  to  prove  the  crime  by  witnesses  and  their  testimony  should  be 
insufficient,  the  trial  shall  not  take  place  by  the  double  method  of  in- 
quisition and  battle,  but  the  defendant,  not  being  convicted  of  guilt  and 
being  presumably  innocent,  shall  be  set  free ;  because  we  wish  the  same 
law  to  be  observed  among  all,  both  Franks  and  Lombards,  and  in  all 
cases.  In  our  new  constitution,  indeed,  wager  of  battle  has  been  suffi- 
ciently recognized  in  the  case  of  the  knights  and  nobles  of  our  kingdom 
and  of  others  who  are  able  to  offer  battle.  For  we  except  the  crime  of 
treason,  respecting  which  we  preserve  the  judicial  duel.  Nor 
is  it  strange  if  we  subject  traitors,  secret  murderers  and  poisoners  to  the 
duel  (though  not  so  much  as  a  method  of  judgment  as  to  terrify  them) ; 
not  because  our  Serenity  deems  that  just  in  their  case  which  it  has  de-' 
clared  unjust  in  others,  but  because  we  desire  that  such  homicides  as 
have  not  feared  to  lay  secret  plots  against  human  life,  which  God's 
power  alone  can  call  into  existence,  should  be  publicly  subjected  to  this 
terrible  method  of  proof  in  the  sight  of  all  men  as  a  punishment  and  an 
example  to  others.  Those  also  we  exclude  from  the  terms  of  our  leni- 
ency who  do  not  hesitate  to  plot  against  our  peace  in  which  the  peace  of 
all  the  rest  is  involved. 


IV.     EXCOMMUNICATION. 

The  church  as  a  voluntary  organization  had  from  the  beginning  exercised  the 
right  of  excluding  from  its  membership  those  who  did  not  conform  to  its  standards, 
but  it  was  not  until  Cyprian's  time  that  this  came  to  be  generally  looked  upon  as 
equivalent  to  exclusion  from  salvation.  As  the  theory  of  the  church's  true  mis- 
sion developed  in  the  minds  of  its  leaders  the  field  of  excommunication  rapidly  ex- 
panded and  the  tone  of  its  priesthood  grew  more  certain.  This  change  is  well 
shown  by  comparing  St.  Ambrose's  mild  remonstrance  against  Theodosius  with 
the  haughty  attitude  of  the  popes  of  the  I2th  and  13th  centuries,  and  by  noting  how 
the  state  was  compelled  to  support  by  civil  penalties  the  sentence  of  the  church. 
Finally  excommunication  came  to  be  looked  upon  as  little  more  than  a  ban  or 
curse  which  could  be  employed  by  the  clergy  to  avenge  their  private  wrongs,  to 
strengthen  contracts,  or  even  to  punish  animals  or  demons.  The  abuses  to  which 
the  system  gave  rise  became  so  great  that  even  before  the  Reformation  the  censure 
had  lost  much  of  its  force,  and  since  that  time  it  has  been  less  and  less    employed. 


THREAT   OF   EXCOMMUNICATION    AGAINST   THEOD08IU8.  23 

I.      ST.    CYPRIAN    ON   THE   NECESSITY   OF   MEMBERSHIP   IN   THE 

CHURCH. 
De  Unitate  Ecclesiae,  |  6,  in  Migne,  Pat.  Lat.  vol.  IV.  col.  502,  503. 

The  spouse  of  Christ  cannot  be  an  adulteress,  she  is  uncorrupted 
and  pure.  She  knows  but  one  house,  she  watches  over  the  sanctity  of 
one  couch  with  chaste  modesty.  She  preserves  us  for  God;  she  confers 
the  kingdom  on  the  son  whom  she  has  brought  forth.  Whosoever  sep- 
arates himself  from  the  church  and  is  joined  to  an  adulteress  is  sepa- 
rated from  the  promises  of  the  church ;  nor  will  he  attain  to  the  rewards 
of  Christ  who  deserts  Christ's  church.  He  is  an  alien,  he  is  profane, 
he  is  an  enemy.  He  can  no  longer  have  God  for  his  father  who  has 
not  the  church  for  his  mother.  If  anyone  could  escape  who  was  out- 
side the  ark  of  Noah,  so  also  may  he  escape  who  shall  be  outside  the 
bounds  of  the  church. 


THEODOSIUS. 
Epist.  LI.  §^  I1-13,  in  Migne  :  Pat.  Lat.  vol.  XVI,  col.  1 162,  1163.     Latin. 

I  have  written  these  things,  indeed,  not  to  confound  you,  but  that 
the  example  of  these  kings  might  induce  you  to  put  away  this  sin  from 
your  kingdom,  which  you  will  accomplish  by  humiliating  your  soul  to 
God.  You  are  a  man  and  temptation  has  come  to  you ;  confess  it.  Sin 
is  not  put  away  except  by  tears  and  penitence.  Neither  an  angel  can 
do  it  nor  an  archangel;  the  Lord  himself,  who  alone  can  say,  "I  am 
with  you,"  does  not  forgive  us  if  We  have  sinned  except  we  be  penitent. 
I  persuade,  I  beg,  I  exhort,  I  admonish;  because  it  is  a  grief  to  me 
that  you  who  were  an  example  of  unusual  piety,  who  were  the  very  person- 
ification of  clemency,  who  would  not  allow  guilty  individuals  to  be 
brought  into  danger,  that  you  do  not  grieve  at  the  death  of  so  many,  in- 
nocent persons.  Although  you  have  fought  battles  most  successfully, 
although  in  other  things  also  you  are  worthy  of  praise,  yet  the  crown  of 
all  your  work  was  always  piety.  This  the  devil  envied  you,  since  it 
was  your  ever  present  possession.  Conquer  him  while  as  yet  you  have 
wherewith  you  may  conquer.  Do  not  add  another  sin  to  your  sin,  that 
you  may  practice  what  it  has  injured  many  to  practice. 

I,  indeed,  though  in  all  other  things  a  debtor  to  your  kindness 
which  I  can  never  be  ungrateful  for,  which  kindness  surpassed  that  of 
many  emperors  and  was  equalled  by  the  kindness  of  one  only,  I,  I  say. 


24  TRANSLATIONS   AND    REPRINl-S. 

have  no  cause  for  a  charge  of  contumacy  against  you,  but  I  have  a 
cause  for  fear ;  I  dare  not  offer  the  sacrifice  if  you  will  to  be  present. 
Is  that  which  is  not  allowed  after  shedding  the  blood  of  one  innocent 
person  to  be  allowed  after  shedding  the  blood  of  many?  I  do  not  think  so. 

3.      LAW   OF   LOTHAIR   I.  IN    824. 

Leges  Langobard.  cap.  15.  M.G.  LL.  IV.  p.  542.     Latin. 

It  had  always  been  the  policy  of  the  Carolingians  to  enforce  the  decrees  of  the 
church,  but  this  is  the  first  general  direction  to  counts  to  assist  the  bishops  with 
secular  penalties. 

It  is  our  will  that,  so  often  as  any  person  shall  be  brought  to  trial 
for  any  crimes  or  misdemeanors  and  his  contumacy  shall  render  him 
liable  even  to  the  episcopal  excommunication,  the  bishop  shall  associate 
with  himself  the  count  of  his  district  so  that  the  obstinate  offender  may 
be  forced  by  the  united  action  of  both  to  render  obedience  to  the  com- 
mand of  the  bishop.  If  he  does  not  obey  let  him  pay  us  our  fine ;  but 
if  he  still  remains  contumacious  let  him  be  excommunicated  by  the 
bishop.  Then  if  he  shall  refuse  to  amend  his  ways  after  being  excom- 
municated, let  him  be  bound  and  imprisoned  by  the  count  until  we 
render  our  judgment  against  the  hardened  offender.  If,  however,  it  be 
the  count  who  is  the  guilty  party,  let  his  bishop  report  him  to  us ;  and 
if  the  culprit  be  an  imperial  vassal,  let  the  count  proceed  against  him 
as  above  directed ;  but  if  he  will  not  hear,  let  him  be  reported  to  us  be- 
fore he  is  cast  into  prison. 

4.      ENACTMENT   OF   FREDERIC   IL    IN    I220. 
Confoederatio  cum  Princip.  Ecclesiast.     ^g  6-8.     M.G.  LL.  II.  p.  236.     Latin. 

Also  we  will  avoid  the  company  of  excommunicated  persons,  as  it 
is  right  we  should  do,  provided  that  they  are  denounced  to  us  by  word 
of  mouth  or  by  letters  or  by  messengers  worthy  of  confidence;  and  un- 
less absolution  be  previously  granted  we  will  not  concede  them  any 
standing  in  our  courts :  this  distinction,  however,  being  made,  that  ex- 
communication shall  not  hinder  them  from  appearing  as  defendants, 
though  without  advocates;  but  it  shall  take  away  from  them  the  right 
and  power  of  acting  as  judges  or  witnesses,  or  of  bringing  suit  against 
others. 

And  since  the  temporal  sword  was  made  subsidiary  to  the  spiritual, 
if  it  be  made  known  to  us  in  any  of  the  foregoing  ways  that  the  excom- 


EXCOMMUNICATION   OF    FREDERIC    II.  25 

municales  have  persisted  in  their  contumacy  for  more  than  six  weeks, 
our  proscription  shall  be  added  to  the  excommunication,  nor  is  it  to  be 
withdrawn  unless  the  excommunication  be  previously  recalled. 

So  in  this  manner  and  in  all  other  ways,  that  is  to  say,  by  just  and 
efficacious  judgment,  we  have  solemnly  promised  to  aid  and  defend 
them  [the  clergy],  and  they  on  their  side  have  pledged  their  faith  to 
assist  us  to  the  extent  of  their  power  against  any  man  who  may  offer 
violent  resistance  to  any  such  judgment  of  ours. 

5.       EXCOMMUNICATION   OF   FREDERIC   II.    BY    INNOCENT    IV.    AT    THE 

COUNCIL   OF   LYONS,    1 245. 

Harduin,  Concilia  VII.  col.  385,  386.     Latin. 

[Innocent  recapitulates  the  efforts  of  the  popes  to  maintain  peace 
between  the  church  and  the  empire  and  dwells  upon  the  sins  of  the 
emperor.  Then,  after  charging  him  with  the  particular  crimes  of  per- 
jury, sacrilege,  heresy,  and  tyranny,  he  proceeds  as  follows:] — We,  there- 
fore, on  account  of  his  aforesaid  crimes  and  of  his  many  other  nefarious 
misdeeds,  after  careful  deliberation  with  our  brethren  and  with  the 
holy  council,  acting  however  unworthily  as  the  vicar  of  Jesus  Christ 
on  earth  and  knowing  how  it  was  said  to  us  in  the  person  of  the  blessed 
apostle  Peter,  Whatsoever  ye  shall  bind  on  earth  shall  be  bound  in  heaven  ; 
We  announce  and  declare  the  said  prince  to  be  bound  because  of  his 
sins  and  rejected  by  the  Lord  and  deprived  of  all  honor  and  dignity, 
and  moreover  by  this  sentence  we  hereby  deprive  him  of  the  same  since 
he  has  rendered  himself  so  unworthy  of  ruling  his  kingdom  and  so  un- 
worthy of  all  honors  and  dignity ;  for,  indeed,  on  account  of  his  iniqui- 
ties he  has  been  rejected  of  God  that  he  might  not  reign  or  exercise 
authority.  All  who  have  taken  the  oath  of  fidelity  to  him  we  absolve 
forever  from  such  oath  by  our  apostolic  authority,  absolutely  forbidding 
anyone  hereafter  to  obey  him  or  look  upon  him  as  emperor  or  king. 
Let  those  whose  duty  it  is  to  select  a  new  emperor  proceed  freely  with 
the  election.  But  it  shall  be  our  care  to  provide  as  shall  seem  fitting 
to  us  for  the  kingdom  of  Sicily  with  the  council  of  our  brothers,  the 
cardinals. 


26  TRANSLATIONS   AND   REPRINTS. 

6.       COMMINATORY     CLAUSE    FROM    A    CHARTULARY    OF    THE    ABBEY 
OF   ST.    PETER   OF   CHARTRES.       988    A.D. 

Found  in  Giry,  Manuel  de  Diplomatique,  p.  564. 

It  was  usual  for  mediaeval  legal  documents,  and  especially  for  deeds  of  gift,  to 
contain  clauses  excommunicating  latae  sententiae  any  who  might  venture  to  in- 
fringe in  any  way  upon  the  provisions  contained  in  the  document. 

Now  if  anyone  shall  think  to  infringe  on  this  deed  of  gift  or  bring 
a  false  action  against  it,  may  he  be  seized  with  jaundice  and  smitten 
with  blindness ;  may  he  bring  his  present  life  to  a  miserable  ending  by 
a  most  wretched  death  and  undergo  everlasting  damnation  with  the 
devil,  where  bound  with  red-hot  chains,  may  he  groan  for  ever  and 
ever,  and  may  the  worm  that  never  dies  feed  on  his  flesh,  and  the  fire 
that  cannot  be  quenched  be  his  food  and  sustenance  eternally. 

7.       FORMULA    OF   EXCOMMUNICATION    OF    ANIMALS. 
Found  in  Du  Cange,  Glossarium,  s.  v.  Excommunicatio. 

In  the  name  of  the  Lord,  Amen.  Complaint  having  been  made  in 
court  by  the  inhabitants  of  Villenoce  in  the  diocese  of  Troyes  against 
the  locusts  and  caterpillars  and  other  such  animals,  called  in  the  vulgar 
tongue  Hurehecs,  that  have  laid  waste  the  vineyards  of  that  place  for 
several  years,  and  continue  to  do  so,  as  is  asserted  on  the  testimony  of 
credible  witnesses  and  by  public  rumor,  to  the  great  detriment  of  the 
inhabitants  of  that  and  neighboring  regions ;  and  their  request  having 
been  considered  that  the  aforesaid  animals  should  be  warned  by  us  and 
compelled  by  threats  of  ecclesiastical  punishment  to  depart  from  the  ter- 
ritory of  said  town,  etc.  We,  by  the  authority  that  we  exercise  in  this 
region,  warn  the  aforesaid  locusts,  caterpillars  and  other  animals,  under 
whatsoever  name  known,  by  these  presents,  under  threat  of  curses  and 
excommunication  to  depart  from  the  vineyards  and  land  of  the  said 
town  of  Villenoce  by  virtue  of  this  sentence  within  six  days  from  the 
publication  of  this  warning  and  to  do  no  further  injury  either  there  or 
elsewhere  in  the  diocese  of  Troyes.  But,  if  the  above  mentioned  an- 
imals do  not  implicitly  obey  this  our  warning  within  the  specified  time, 
then  at  the  expiration  of  the  six  days  by  virtue  of  our  said  authority 
we  excommunicate  them  through  this  document  and  curse  them  by  the 
same. 


INTERDICT.  27 

8.      DECLARATION   OF    1 68 2    BY    LOUIS    XIV. 
Given  in  Michaud,  Louis  XIV.  et  Innocent  XI.,  T.  IV.  p.  68.     French. 

Inasmuch  as  St.  Peter  and  his  successors,  the  vicars  of  Jesus  Christ, 
and  even  the  whole  church,  have  received  power  from  God  only  over 
spiritual  things  which  concern  salvation,  and  not  at  all  over  temporal 
and  civil  affairs,  since  Jesus  Christ  Himself  teaches  that  His  kingdom  is 
not  of  this  world  and  that  we  should  render  unto  Caesar  the  things 
which  are  Caesar's  and  unto  God  the  things  that  are  God^s ;  and  since, 
likewise,  this  precept  of  the  apostle  Paul  can  in  no  way  be  altered  or 
called  into  question :  Let  every  soul  he  subject  unto  the  higher  powers. 
For  there  is  710  power  but  of  God :  the  powers  that  be  are  ordained  of 
God.  Whosoever  therefore  resisteth  the  power  reslsteth  the  ordinance  of 
God.  Therefore  we  declare  that  princes  and  kings  are  not  subject  by 
God's  command  to  any  ecclesiastical  power  in  temporal  things ;  that 
they  cannot  be  deposed  either  directly  or  indirectly  by  the  authority  of 
the  heads  of  the  church ;  that  their  subjects  cannot  be  granted  dispen- 
sation to  refuse  the  allegiance  and  obedience  which  they  owe,  or 
absolved  from  the  oath  of  fidelity ;  and  that  this  doctrine  indispen- 
sable to  public  peace  and  not  less  advantageous  to  the  church  than  to 
the  state,  must  be  invariably  followed  as  conforming  to  the  Word  of 
God,  to  the  traditions  of  the  holy  Fathers,  and  to  the  example  of  the 
Saints. 

V.    INTERDICT. 

Interdict  is  a  censure  that  deprives  the  faithful  of  the  use  ot  most  of  the  sacra- 
ments, of  participation  in  the  celebration  of  the  divine  offices,  and  of  ecclesiastical 
sepulture.  It  is  differentiated  from  excommunication  in  that  it  does  not  entail 
segregation  or  exc  lusion  from  church  membership,  so  that  those  on  whom  it  is 
laid  are  not  thereby  handed  over  to  Satan.  It  was  employed  especially  to  coerce 
princes,  as  it  was  the  most  effective  means  of  exciting  public  indignation  and  arous- 
ing a  people  against  its  ruler.  The  interdict  grew  out  of  a  wide  use  of  excommuni- 
cation and  was  first  employed  by  the  clergy  of  northern  France  in  the  turbulent 
period  following  the  extinction  of  the  Carolingian  dynasty.  At  first  it  was  looked 
upon  with  little  favor  by  the  popes,  but  by  the  beginning  of  the  12th  century  they 
had  adopted  it  as  one  of  their  most  effective  instruments  in  dealing  with  the  Euro- 
pean states.  The  wide  range  of  the  papal  activity  tended  to  bring  the  censure 
more  and  more  into  use  as  a  political  weapon,  and  at  length  it  ceased  almost  en- 
tirely to  be  employed  as  a  punishment  for  immorality.  As  the  censure  became 
thus  secularize*!  its  influence  decreased,  until  finally  the  state,  relying  upon  the 
loyalty  of  its  citizens,  took  advantage  of  their  indifference  to  spiritual  punishments 


28  TRANSLATIONS   AND   REPRINTS. 

and  dared  openly  to  defy  the  papal  commands.  The  last  important  instance  of  its 
use  was  when  the  pope  laid  an  interdict  on  Venice  in  1606.  By  that  date  it  was 
felt  to  be  an  anachronism ;  it  had  not  been  previously  employed  for  a  long  time, 
and  owing  to  its  complete  failure  in  this  case  it  was  henceforth  little  used.  Since 
then  only  a  few  instances  of  interdict  have  been  known,  occurring  mostly  in  Spain 
and  Spanish  America.^ 

I.    ENACTMENT   OF   THE   COUNCIL   OF   LIMOGES   IN    IO3I.* 
Harduin,  Concilia,  VI.,  col.  885,  886.     Latin. 

If  they  do  not  keep  the  peace  lay  the  whole  territory  of  Limoges 
under  a  public  excommunication' :  to  wit,  in  such  manner  that  no  one 
unless  a  priest  or  a  beggar  or  a  traveler  or  an  infant  of  two  years  or 
less  may  be  buried  in  all  Limoges  or  be  carried  into  another  diocese 
for  burial.  Let  divine  service  be  celebrated  secretly  in  all  the  churches, 
and  let  baptism  be  given  those  that  seek  it.  About  the  third  hour  let 
the  bells  be  sounded  in  all  the  churches  and  let  all,  throwing  them- 
selves prone  on  the  ground,  pour  forth  prayers  for  peace  because  of  their 
tribulation.  Let  confession  and  the  viaticum  be  allowed  in  the  extrem- 
ity of  death.  Let  the  altars  in  all  the  churches  be  stripped,  as  on  Good 
Friday ;  and  let  the  crucifixes  and  ornaments  be  veiled  as  a  sign  of  sor- 
row and  mourning  to  all.  Let  each  priest  celebrate  the  mass  behind 
locked  doors,  and  then  only  may  the  altars  be  decorated,  to  be  stripped 
again  at  the  close  of  the  service.  Let  no  one  marry  him  a  wife  during 
the  continuance  of  this  excommunication.  Let  no  one  give  another  a 
kiss.  Let  no  one  in  all  Limoges,  either  of  the  clergy  or  of  the  laity, 
whether  sojourners  in  the  land  or  travelers,  eat  meat  or  any  other  food 
except  what  is  allowed  in  Lent.  Let  no  one  of  the  clergy  or  of  the 
laity  have  his  hair  cut  or  be  shaved,  until  such  time  as  the  barons, 
the  leaders  of  the  people,  show  obedience  to  the  holy  council  in  all 
things.  And  if  it  shall  be  proved  that  anyone  has  violated  this  law  let 
him  not  be  received  except  after  fitting  penance.  For  the  excommuni- 
cation of  the  bishops  is  to  be  especially  observed  lest  perchance  the 
wrath  of  the  Lord  should  fall  upon  us  and  upon  the  people. 

1  For  a  vivid  description  of  the  workings  of  an  interdict  see  Hurter's  Innocenz 
III.,  I.  p.  348  ff.  This  is  not  an  account  of  a  real  interdict  but  a  mosaic  made  by 
piecing  together  the  provisions  of  many  censures. 

2  This  measure  was  proposed  as  a  punishment  for  any  infractions  of  the  Peace 
of  God  on  the  part  of  the  nobles. 

^  It  will  be  observed  that  the  technical  use  of  the  word  interdict  had  not  yet 
been  adopted. 


INTERDICTS   OF    FRANCE    AND   NORMANDY.  29 

2.       INTERDICT   LAID    IN    NORMANDY    IN    1 1 37. 

Ordericus  Vitalis,  Hist.  Eccl.  Lib.  XIII.  c.  28.  Ed  Le  Prevost,  vol.  V,  p.  79.  Latin. 

This  interdict  was  laid  to  '*  terrify  and  restrain  the  perverse  and  disorderly  in- 
habitants," who  in  the  anarchy  following  the  death  of  Henry  I.  ravaged  and  plun- 
dered each  other's  land  to  an  almost  incredible  extent. 

And  now  a  still  more  serious  misfortune  threatened  Normandy 
with  many  kinds  of  evil.  In  the  bishopric  of  Sedz  an  anathema  ^  was 
laid  on  all  the  lands  of  William  Talvas,  and  there  was  no  longer  heard 
the  sweet  chant  of  divine  service,  a  sound  that  calms  and  gladdens  the 
hearts  of  the  faithful.  The  people  were  forbidden  to  enter  the  churches 
for  the  purpose  of  worshipping  God,  and  the  doors  were  locked.  The 
music  of  the  bells  was  silenced  and  the  bodies  of  the  dead  lay  unburied 
and  putrifying,  striking  the  beholders  with  fear  and  horror.  The 
pleasures  of  marriage  were  denied  to  those  desiring  them  and  the  sol- 
emn joys  of  the  church  services  were  no  longer  known.  In  the  diocese 
of  Evreux  also  a  like  discipline  was  inflicted,  which  hardly  restrained 
by  its  terrors  the  disorders  in  the  territory  of  Roger  de  Toeni. 

3.       INTERDICT   ON    FRANCE   IN    I200. 

Mart^ne,  Thesaurus  Anecdot.,  IV.  p.  147.     Latin. 

In  1 193  Philip  Augustus  married  Ingeburg  of  Denmark,  but  divorced  her  on 
the  very  day  following  the  ceremony.  Pope  Innocent  III.  refused  to  sanction  the 
decree  and  when,  three  years  later,  Philip  married  Agnes  of  Meran  he  found  the 
whole  power  of  Rome  directed  against  him.  He  refused  to  yield,  and  finally  in 
1200  the  pope  laid  all  France  under  the  interdict  from  January  to  September, 
when  the  king  was  forced  to  give  way.  See  Geraud,  "Ingeburge  de  Danemark," 
in  Bibliothdque  de  I'Ecole  des  Chartes,  T.  I.  2d  series,  pp.  1-27  and  93-118. 

Let  all  the  churches  be  closed ;  let  no  one  be  admitted  to  them  ex- 
cept to  baptize  infanta ;  let  them  not  be  otherwise  opened  except  for  the 
purpose  of  lighting  the  lamps,  or  when  the  priest  shall  come  for  the 
Eucharist  and  holy  water  for  the  use  of  the  sick.  We  permit  mass  to 
be  celebrated  once  a  week  on  Friday  early  in  the  morning  to  consecrate 
the  Host  for  the  use  of  the  sick,  but  only  one  clerk  is  to  be  admitted  to 
assist  the  priest  Let  the  clergy  preach  on  Sunday  in  the  vestibules  of 
the  churches,  and  in  place  of  the  mass  let  them  disseminate  the  word  of 
God.  Let  them  recite  the  canonical  hours  outside  the  churches,  where 
the  people  do  not  hear  them ;  if  they  recite  an  epistle  or  a  gospel  let 


^  In  one  MS.  it  is  spoken  of  as  papal  anathema. 


30  TRANSLATIONS   AND   REPRINTS. 

them  beware  lest  the  laity  hear  them ;  and  let  them  not  permit  the  dead 
to  be  interred,  or  their  bodies  to  be  placed  unburied  in  the  cemeteries. 
Let  them,  moreover,  say  to  the  laity  that  they  sin  and  transgress  griev- 
ously by  burying  bodies  in  the  earth,  even  in  unconsecrated  ground,  for 
in  so  doing  they  arrogate  to  themselves  an  office  pertaining  to  others. 
Let  them  forbid  their  parishioners  to  enter  churches  that  may  be  open 
in  the  king's  territory,  and  let  them  not  bless  the  wallets  of  pilgrims 
except  outside  the  churches.  Let  them  not  celebrate  the  offices  in  Passion- 
week,  but  refrain  even  till  Easter  day,  and  then  let  them  celebrate  in 
private,  no  one  being  admitted  except  the  assisting  priest,  as  above  di- 
rected ;  let  no  one  communicate  even  at  Easter,  except  he  be  sick  and 
in  danger  of  death.  During  the  same  week,  or  on  Palm  Sunday,  let 
them  announce  to  their  parishioners  that  they  may  assemble  on  Easter 
morning  before  the  church  and  there  have  permission  to  eat  flesh  and 
consecrated  bread.  Women  are  expressly  forbidden  to  be  admitted  into 
the  churches  for  purification,  but  are  to  be  warned  to  gather  their 
neighbors  together  on  the  day  of  purification  and  pray  outside  the 
church,  nor  may  the  women  who  are  to  be  purified  enter  even  to  raise 
their  children  to  the  sacred  font  for  baptism  until  they  are  admitted  by 
the  priest  after  the  expiration  of  the  interdict.  Let  the  priest  confess 
all  who  desire  it  in  the  portico  of  the  church ;  if  the  church  have  no 
portico  we  direct  that  in  bad  or  rainy  weather,  and  not  otherwise,  the 
nearest  door  of  the  church  may  be  opened  and  confessions  heard  on  its 
threshold  (all  being  excluded  except  the  one  who  is  to  confess)  so  that 
the  priest  and  the  penitent  can  be  heard  by  those  who  are  outside  the 
church.^  If,  however,  the  weather  be  fair,  let  the  confession  be  heard 
in  front  of  the  closed  doors.  Let  no  vessels  of  holy  water  be  placed 
outside  of  the  church,  nor  shall  the  priests  carry  them  anywhere,  for  all 
the  sacraments  of  the  church  beyond  these  two  which  were  reserved^ 
are  absolutely  prohibited.  Extreme  unction,  which  is  a  holy  sacra- 
ment, may  not  be  given. 

4.      INTERDICT   ON   VENICE   IN    I309. 

Baronius'  Annales,  sub  an.  1309,  ^  6.     Latin. 

The  Venetians  and  the  church  having  both  laid  claim  to  Ferrara  the  former 
proceeded  to  make  good  their  rights  by  occupying  the  city  with  an  armed  force. 

1  Geraud  remarks  that  this  was  almost  equivalent  to  a  formal  prohibition  of 
confession. 

^i.  e.,  infant  baptism  and  the  viaticum. 


INTERDICT   OF    UTRECHT.  3 1 

The  pope  replied  by  laying  an  interdict  on  Venice  and  declaring  all  debts  owing 
her  citizens  to  be  forfeited.  Other  countries  were  invited  to  attack  her  commerce, 
and  Edward  II.  of  England  with  other  rulers  took  occasion  to  repudiate  his  Vene- 
tian debts.  Owing  to  the  attacks  on  her  trade  and  banking  Venice  was  forced  to 
yield  entirely  to  the  pope's  demands. 

And  since  a  just  quarrel  had  arisen  because  of  such  great  sin  on 
the  part  of  the  doge  of  Venice  and  the  Venetian  senate  he  ^  smote  them 
with  the  anathema,  especially  mentioning  by  name  Giovanni  Soranzo 
who  had  wrested  the  domain  of  Ferrara  away  from  the  church,  and 
Vitali  Michieli  who  was  ruling  Ferrara  in  the  name  of  the  republic, 
and  ordered  them  to  restore  the  rule  of  the  Roman  church.  He  de- 
prived all  the  Venetian  territory  of  the  use  of  the  sacraments  and  of  the 
rights  of  trade ;  he  branded  the  magistrates  with  infamy  and  pronounced 
them  deprived  of  the  benefits  and  privileges  of  the  law^ ;  and  ordered 
ijcclesiastics  to  leave  the  Venetian  domains  except  such  as  were  needed 
to  baptize  infants  and  to  receive  the  confessions  of  the  dying.  Finally, 
if  they  persisted  in  their  present  course  beyond  the  time  fixed  for  sub- 
mission, be  pronounced  the  doge  deprived  of  his  authority  and  all  the 
property  of  the  Venetians  confiscated,  and  declared  that  the  kings  of 
Europe  would  be  summoned  to  direct  their  arms  against  them  until  they 
should  restore  Ferrara  to  the  church. 


5.   INTERDICT  OF  UTRECHT  IN  T426. 

Matthaeus'  edition  of  the  Cronica  de  Trajecto,  2d  ed.,  V.  p.  456.     Latin. 

The  growing  use  of  the  interdict  for  purely  political  purposes  is  here  shown 
and  indicates  the  chief  reason  for  the  declining  force  of  the  censure. 

Now  it  is  remarkable  that  this  decree  should  have  been  passed 
notwithstanding  the  fact  that  the  pope  had  deprived  the  city  of  the 
sacraments  and  pronounced  an  interdict  upon  it  on  account  of  its  having 
received  Rudolph ;  especially  if  you  consider  that  not  only  is  nothing 
severer  than  a  papal  interdict,  but  that  nothing  is  likelier  to  stir  up  the 
common  people  against  their  magistrates  and  superiors.  For  under 
such  circumstances  the  churches  are  closed,  there  are  no  divine  services, 
no  chants  are  heard,  nor  is  there  mass,  nor  do  the  faithful  assemble 
together.  There  are  no  sacraments  there,  or  confession,  no  baptism  of 
any  except  infants.     Even  burial  is  forbidden.     All  become  the  prey 

iPope  Clement  V. 


32  TRANSLATIONS   AND   REPRINTS. 

of  Satan.  The  credulous  people  are  persuaded  that  it  is  in  the  pope's 
power  either  to  raise  them  to  heaven  or  cast  them  down  into  hell.  And 
yet  neither  the  city  nor  the  clergy  paid  any  attention  to  these  things. 
The  pope's  interdict  was  held  in  contempt  and  the  clergy  continued  un- 
hesitatingly to  conduct  divine  services,  especially  after  both  the  city 
and  the  nobles  had  promised  to  guard  and  protect  them  against  all, 
even  against  the  pope. 

6.      THE  doge's  reply  TO  THE  INTERDICT  LAID  ON   VENICE   IN    1606. 

English  translation  found  in  Trollope's  '*Paul  the  Pope  and  Paul  the  Friar.'* 
pp.  381,  382. 

Original  Latin  text  in  Magnum  Bullarium  Romanum,  Tom.  X.  (Ed.  Luxem- 
burgi,  1741)  pp.  177,  178. 

In  his  prolonged  quarrel  with  Venice  pope  Paul  V.  attempted  to  compel  the 
repeal  of  two  obnoxious  laws  by  laying  an  interdict  on  the  city,  but  this  last  serious 
attempt  of  the  papacy  to  enforce  its  decrees  by  a  general  censure  broke  down  before 
the  determined  opposition  of  the  republic. 

Leonardo  Donato,  by  the  Grace  of  God  doge  of  Venice,  etc.',  etc., 
to  the  most  reverend,  the  patriarchs,  archbishops  and  bishops  of  all  our 
Venetian  dominions,  etc.,  etc.,  greeting : 

It  has  come  to  our  knowledge  that  on  the  17th  of  April  last  past, 
by  the  order  of  the  most  holy  father.  Pope  Paul  V.,  there  was  published 
and  posted  up  in  Rome  a  so-called  brief,  which  was  fulminated  against 
us,  our  senate,  and  the  w  hole  of  our  state ;  and  that  one  was  addressed 
to  you,  the  tenor  and  contents  whereof  were  similar  to  those  of  the  other. 
We  therefore  find  ourselves  constrained  to  preserve  in  peace  and  tran- 
quility the  state  which  God  has  given  us  to  rule ;  and,  in  order  to  main- 
tain our  authority  as  a  prince,  who  in  temporal  matters  recognizes  no 
superior  saving  the  Divine  Majesty,  we,  by  these  our  public  letters,  do 
protest  before  the  Lord  God  and  the  whole  world  that  we  have  not  failed 
to  use  every  possible  means  to  make  his  Holiness  understand  our  most 
valid  and  irrefragable  case ;  first,  by  means  of  our  ambassador  residing 
at  the  court  of  his  Holiness  ;  then,  by  letters  of  ours  in  answer  to  briefe 
addressed  to  us  by  his  Holiness ;  and,  lastly,  by  a  special  ambassador 
sent  to  him  to  this  effect.  But  having  found  the  ears  of  his  Holiness  closed 
against  us  and  seeing  that  the  brief  aforesaid  is  published  contrary  to  all 
right  reason  and  contraiy  to  the  teaching  of  the  divine  Scriptures,  the 
doctrine  of  the  holy  fathers,  and  the  sacred  canons,  to  the  prejudice  ot 


33 

the  secular  authority  given  us  by  God,  and  of  the  liberty  of  our  state, 
inasmuch  as  it  would  cause  disturbance  in  the  quiet  possession  which,  by 
divine  Grace,  under  our  government  our  faithful  subjects  hold  of  their 
properties,  their  honor  and  their  lives,  and  occasion  a  most  grave  and 
universal  scandal  throughout  the  state  ;  We  do  not  hesitate  to  consider 
the  said  brief  not  only  as  unsuitable  and  unjust,  but  as  null  and  void 
and  of  no  worth  or  value  whatever,  and  being  thus  invalid,  vain,  and 
unlawfully  fulminated,  de  facto  nullo  juris  ordine  servato,  we  have 
thought  fit  to  use  in  resisting  it  the  remedies  adopted  by  our  ancestors 
and  by  other  sovereign  princes  against  such  pontiffs  as,  in  using  the 
power  given  them  by  God  to  the  use  of  edifying,  have  overstepped  their 

due  limits And  we  pray  the  Lord  God  to  inspire  him  [the  pope] 

with  a  sense  of  the  invalidity  and  nullity  of  his  brief  and  of  the  other 
acts  committed  against  us,  and  that  He,  knowing  the  justice  of  our  cause, 
may  give  us  strength  to  maintain  our  reverence  for  the  holy  apostolic 
tsee,  whose  most  devoted  servants  we  and  our  predecessors,  together  with 
this  republic,  have  been  and  ever  shall  be. 


34  TRANSLATIONS   AND   REPRINTS. 

BIBLIOGRAPHICAL  NOTE. 

Lea,  Henry  C. :  Superstition  and  Force  :  Essays  on  the  Wager  of  Law — the 
Wager  of  Battle — the  Ordeal — Torture.  Philadelphia,  4th  ed.  1892. 
The  best  concise  treatment  in  any  language  of  the  methods  of  mediaeval 
legal  procedure.  The  last  edition  of  this  work  has  been  greatly  enlarged  by 
the  author,  who  has  taken  into  account  the  researches  of  other  modern 
scholars  in  this  field,  correcting  and  supplementing  their  views  frpm  the 
wealth  of  his  own  learning.  No  student  either  of  mediaeval  life  and  thought 
or  of  legal  history  can  afford  to  be  without  this  book. 

Patetta:  Le  Ordalie,  Torino,  1890. 

This  is  a  full  and  judicious  treatment  of  the  subject  of  the  judgments  of 
God  from  primitive  Aryan  times  down,  with  a  full  citation  of  authorities. 

Neilson:  Trial  by  Combat,  New  York,  1891. 

A  popular  but  accurate  discussion  of  the  judicial  duel  in  England  and 
Scotland.  The  author  has  drawn  his  account  wholly  from  the  original  au- 
thorities and  has  enlivened  the  subject  by  many  picturesque  incidents  from 
trials  and  combats. 


Thayer,  James  Bradley :  A  Preliminary  Treatise  on  Evidence  at  the  Com- 
mon Law,  Part  I.,  Development  of  Trial  by  Jury.     Boston,  1896. 
The  first  chapter  of  this  very  scholarly  work  is  on  Older  Modes  of  Trial, 
and  gives  a  short  but  clear  description  of  early  English  legal  procedure. 

Bninner,  H. :  Deutsche  Rechtsgeschichte.     Leipzig,  1892. 

Two  sections  of  this  work  contain  much  material  relating  to  judgments 
of  God, — §  23,  Der  Rechtsgang,  and  §  106,  Die  Gottesurteile.  To  the  latter 
section  is  prefixed  a  careful  bibliography  of  works  dealing  with  this  subject. 

Lea,  Henry  C. :  Studies  in  Church  History.     Philadelphia,  1883. 

More  than  half  of  this  book  is  taken  up  by  an  essay  on  excommunica- 
tion, the  most  complete  and  satisfactory  treatment  of  the  subject  that  we 
possess.  In  it  the  rise  and  development  of  the  censure  are  traced,  the  abuses 
that  grew  out  of  it  are  noted,  and  its  gradual  decline  is  explained. 


Translations  and  Reprints 

FROM  THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 
Vol..  III.  English  Manoriai,  Documents.  No.  5. 

TABLE  OF  CONTENTS. 

PAGE 

I.       Extents  or  Surveys. 

1.  A  Domesday  Manor, 3 

2.  A  Manor  of  Peterborough  Abbey, 4 

3.  A  Manor  of  the  Hundred  Rolls, 4 

4.  A  Manor  of  Battle  Abbey, 8 

II.         COMPOTUS  Roi,!,— Account  of  Cuxham, 14 

III.  Manor  Court  RolIvS. 

1.  Rolls  of  Great  Cressingham,     20 

2.  Rolls  of  Durham  Priory, 24 

IV.  Description  of  a  Manor  House, 31 

V.        Manumission  of  a  Vili.ein, 31 


INTRODUCTION. 

The  manor  was  the  most  fundamental  institution  of  mediaeval  society.  In 
the  use  of  the  term  as  a  territorial  expression,  equivalent  to  villa ^  vill,  or  township, 
a  manor  was  a  stretch  of  country  occupied  by  a  rural  population,  grouped  in  a  sin- 
gle village,  or  perhaps  in  several  hamlets,  each  Burrounded  by  its  agricultural  lands. 
Part  of  the  land  of  the  manor,  known  as  the  demesne,  was  cultivated  by  the  lord  of 
the  manor  through  a  bailiff  or  other  officers,  the  remainder  was  occupied  by  tenants, 
free  and  serf,  who  cultivated  their  scattered  holdings  and,  in  the  form  of  compuls- 
ory services,  performed  most  of  the  labor  on  the  demesne  lands.  The  manor,  in 
this  sense,  was  the  agricultural  unit  of  the  country,  and  had  its  own  internal  or- 
ganization based  upon  the  form  of  distribution  of  the  land,  the  method  of  its  cul- 
tivation, and  the  reciprocal  relations  of  the  demesne  and  the  rest  of  the  land.  The 
greater  part  of  England  was  divided  into  such  manors,  either  contiguous  or  separated 
by  unused  stretches  of  moor,  fen,  or  forest. 


2  TRANSLATIONS    AND    REPRINTS. 

Some  slight  indications  of  this  organization  are  discoverable  from  Anglo  Saxon 
documents,  from  the  entries  of  Domesday  Book,  and  certain  other  early  documents. 
But  the  fullest  information  is  to  be  found  in  the  surveys  or  Extents  of  the  13th  and 
later  centuries.  These  were  drawn  up  from  time  to  time  for  the  information  of  the 
lord  of  the  manor  by  a  steward  or  other  representative,  who  obtained  his  informa- 
tion from  a  group  of  the  inhabitants  of  the  manor  who  were  put  upon  their  oath  for 
that  purpose.  Such  a  survey,  inquisition,  or  extent  usually  gives  a  description  of 
the  kind,  amount,  and  value  of  the  demesne  lands,  a  list  of  the  inhabitants  of  the 
manor,  with  the  amounts  of  land  which  they  hold,  the  payments  they  make  and  the 
services  they  are  bound  to  perform,  with  some  information  in  regard  to  the  peculiar 
local  customs.  A  less  formal  and  complete  description  of  a  manor  is  often  spoken  of 
as  a  Rental  or  Custurnal. 

For  the  actual  processes  of  agriculture,  in  the  case  of  the  small  farming  tenants, 
we  have  not  much  direct  information  ;  but  in  the  case  of  the  demesne  farm,  full 
information  as  to  both  cultivation  and  administration  is  given  not  only  in  certain 
contemporary  treatises,  but  in  the  bailiffs'  accounts  or  Conipotus  rolls.  These, 
of  which  large  numbers  exist,  but  of  which  only  a  few  have  been  published,  give 
detailed  reports  as  to  income  and  expenditure  upon  the  manor  farm.  As  this 
demesne  farm  was  frequently  of  several  hundred  acres,  besides  pasture  and  woods, 
careful  lords  of  manors,  especially  ecclesiastical  corporations,  insisted  on  minute 
reports  of  all  details  from  the  steward,  bailiff,  reeve,  or  other  official  in  charge  of 
each  of  their  manors. 

But  the  manor  was  not  only  a  territorial  and  agricultural  organization,  it  was 
also  a  political  or  legal  body,  a  unit  of  jurisdiction.  The  same  lord  of  the  manor 
who  held  the  demesne  lands  and  received  rents  and  agricultural  services  from  the 
tenants,  usually  possessed  also  rights  of  jurisdiction  over  them.  The  court  leet, 
court  baron,  customary  court,  and  view  of  frank-pledge  all  habitually,  if  not  necessar- 
ily, had  the  single  manor  as  their  sphere  of  action.  The  lord  also  had  the  power, 
usually,  to  impose  tallages  or  aids  upon  his  servile  tenants  at  least.  The  inhabi- 
tants were  therefore  bound  together  into  a  single  social  group  by  this  quasi-political 
subjection  to  the  lord  of  the  manor,  no  less  than  by  the  nature  of  their  associative 
agriculture.  It  is  this  conception  and  existence  of  the  manor  as  a  separately  organ- 
ized group  of  people  that  gives  rise  to  the  expression  "the  custom  of  the  manor," 
which  occurs  everywhere  in  documents  connected  in  any  way  with  local  institutions 
as  it  dominated  everywhere  among  these  institutions.  Statements  of  this  custom 
of  the  manor,  records  of  the  daily  life,  and  indications  of  the  legal  relations  of  the  in- 
habitants of  the  country  districts  ex^t  in  remarkable  fullness  and  detail  in  the  rolls 
or  records  of  the  manor  courts.  These  met  at  frequent  intervals  under  the  steward 
or  other  representative  of  the  lord  of  the  manor,  and  attendance  was  a  general  re- 
quirement from  both  free  and  servile  tenants.  Soon  after  the  middle  of  the  13th 
century  the  proceedings  at  these  meetings  of  the  inhabitants  of  the  manor  began  to 
be  recorded,  and  for  thousands,  probably,  of  the  petty  rural  communities  such  rolls 
exist  or  have  existed,  rivalling  the  records  of  the  great  royal  courts  in  fullness,  and 
frequently  in  interest.  Usually  a  number  of  different  manors  were  in  the  pos- 
session of  one  person  or  corporation,  a  nobleman,  a  monastery,  a  college  of  the 
University.     The  steward  representing  this  lord  would  pass  from  one  manor  of  the 


A    DOMESDAY    MANOR.  3 

group  to  another  holding  a  court  at  each  and  having  the  proceedings  recorded  suc- 
cessively on  one  sheet  of  parchment  or  a  series  of  sheets  sewed  together  to  form  a 
roll.  Or  all  the  records  of  one  manor  would  be  preserved  on  one  roll,  all  those  of 
another  on  a  second  ;  in  either  case  the  rolls  remaining  in  the  custody  of  the  lord. 
The  manor  courts  were  occupied  with  a  great  variety  of  matters  ;  land  transfers, 
enforcement  of  the  rights  of  the  lord  and  of  the  custom  ol  the  manor,  punishment 
of  offenses,  settlement  of  civil  disputes,  adoption  or  promulgation  of  local  statutes. 
Many  characteristics  of  mediaeval  society,  the  actual  status  of  the  villein  tenants, 
the  shadowy  distinctions  between  bond  and  free,  the  relations  of  both  to  the  lord 
of  the  manor,  are  to  be  discovered  from  these  records  rather  than  from  formal  legal 
treatises,  contemporary  though  they  be.  Theoretical  law  was  different  even  from 
the  practice  of  the  king's  courts,  far  more  so  from  the  actual  conditions  where  local 
custom  was  all  powerful. 

It  should  be  noted  that  in  addition  to  the  two  senses  already  discussed,  the 
word  inaneriutn  sometimes  refers  to  the  actual  manor-house  or  principal  building 
of  the  manor,  occupied  regularly  or  occasionally  by  the  lord  of  the  manor,  when  it 
was  in  the  possession  of  an  individual,  or  by  some  official  if  it  was,  as  in  so  large  a 
number  of  cases,  held  by  some  corporation. 

Lastly,  the  manor  is  here  treated  entirely  from  the  point  of  view  of  its  internal  or- 
ganization. It  may  be  remarked  that  in  its  outward  relations  the  manor  was  in  many 
ways  the  unit  alike  of  the  early  national  organization  of  England  and  of  the  later 
feudal  system  superimposed  upon  it.  The  hundred  and  county  courts  had  their 
largest  element  in  the  representatives  from  each  manor  or  township  within  their 
borders  ;  the  territories  of  a  feudal  noble  or  a  monastery  consisted  of  such  and  such 
manors  ;  and  even  the  king  obtained  his  normal  revenue  from  his  income  as  lord  of 
a  vast  number  of  manors. 

Sme  typical  examples  of  each  of  the  classes  of  manorial  documents  described 
above  are  given  in  the  following  pages. 

I.     EXTENTS,  RENTALS,  OR  CUSTUMALS. 

I.       A  DOMESDAY  MANOR:  HECHAM,  ESSEX,  A.  D.   IO86. 
Domesday  Book,  II,  78  b. 

In  the  form  in  which  the  Domesday  record  has  been  preserved,  the  entries 
are  arranged  under  each  county  by  landholders,  the  possessions  of  the  king  being 
named  and  described  first,  then  those  of  the  largest  landholder,  and  so  successively 
till  freeholders  are  reached  who  have  only  a  single  manor,  or  sometimes  only  land 
in  a  manor. 

Peter  de  Valence  holds  in  domain  Hecham,  which  Haldane  a 
freeman  held  in  the  time  of  King  Edward,  as  a  manor,  and  as  5  hides. 
There  have  always  been  2  ploughs  in  the  demesne,  4  ploughs  of  the 
men.  At  that  time  there  were  8  villeins,  now  10;  then  there  were  2 
bordars,  now  3;  at  both  times  4  .sem,  woods  for  300  swine,  18  acres  of 
meadow.     Then  there  were  2  fish  ponds  and  a  half,  now  there  are  none. 


4  TRANSLATIONS    AND   REPRINTS. 

At  that  time  there  was  1  ox,  now  there  are  15  cattle  and  1  small  horse 
and  18  swine  and  2  hives  of  bees.  At  that  time  it  was  worth  60s.,  now 
4£.  10s.  When  he  received  this  manor  he  found  only  1  ox  and  1 
planted  acre.  Of  those  5  hides  spoken  of  above,  one  was  held  in  the 
time  of  King  Edward  by  2  freemen,  and  was  added  to  this  manor  in  the 
time  of  King  William.  It  was  worth  in  the  time  of  King  Edward  10s., 
now  22s.,  and  William  holds  this  from  Peter  de  Valence. 

2.   A  MANOR  OF  THE  ABBEY  OF  PETERBOROUGH,  ABOUT  A.  D.  II 25. 

Liber  Niger   Monasterii  Sancti  Petri  de  Burgo,  in  Chronicon  Petroburgense, 
Camden  Society,  pp.  160-161. 

The  Black  Book  of  Peterborough  abbey,  the  contents  of  which  have  been 
printed  as  an  appendix  to  the  Chronicle  of  that  abbey,  contains  the  oldest  manorial 
surveys,  next  to  Domesday  and  the  preceding  Saxon  documents.  The  date  of  its 
composition  lies  between  1125  and  1128. 

In  Werminton  are  7  hides  at  the  taxation  of  the  king.  And  of 
this  land  20  full  villeins  and  29  half-villeins  hold  34  virgates  and  a 
half;  and  for  these  the  full  villeins  work  3  days  a  week  through  the 
year ;  and  the  half  tenants  as  much  as  corresponds  to  their  tenancies. 
And  all  these  men  have  16  plow^s,  and  they  plow-  68  acres  and  a  half, 
and  besides  this  they  do  3  boonw^orks  with  their  plows,  and  they  ought  to 
bring  from  the  w^oods  34  wagon  loads  of  wood.  And  all  these  men  pay 
4£.  lis.  4d.  And  to  the  love  feast  of  St.  Peter  10  rams  and  400 
loaves  and  40  platters  and  34  hens  and  260  eggs.  And  there  are  8 
socmen  who  have  6  plows.  In  the  demesne  of  the  court  are  4  plows  of 
32  oxen  and  9  cows  and  5  calves,  and  1  riding  horse  and  129  sheep  and 
61  swine  and  1  draught-horse  and  1  colt.  And  there  is  1  mill  with  1 
virgate  of  land  and  6  acres  which  pays  60s.  and  500  eels.  And  Asce- 
lin  the  clerk  holds  the  church  with  2  virgates  of  land,  from  the  altar  of 
St.  Peter  of  Borough.  Robert,  son  of  Richard,  has  2  virgates  and  a 
half     In  this  vill  100  sheep  can  be  placed. 

3.       A    MANOR    OF     THE     HUNDRED   ROLLS,     A.    D.     1 279:       ALWALTON, 
HUNDRED  OF  NORMANCROSS,  COUNTY  OF  HUNTINGDON. 

Rotuli  Hundredorum,  II,  pp.  658-9. 

The  abbot  of  Peterborough  holds  the  manor  of  Alwalton  and  vill 
from  the  lord  king  directly ;  which  manor  and  vill  with  its  appurtenances 
the  lord  Edward,  formerly  king  of  England  gave  to  the  said  abbott  and 


EXTENT    OF    ALWALTON.  5 

couvent  of  that  place  in  free,  pure,  and  perpetual  alms.  And  the  court 
of  the  said  manor  with  its  garden  contains  one  half  an  acre.  And  to  the 
whole  of  the  said  vill  of  Alwalton  belong  5  hides  and  a  half  and  1  vir- 
gate  of  land  and  a  half;  of  which  each  hide  contains  5  virgates  of  land 
•  and  each  virgate  contains  25  acres.  Of  these  hides  the  said  abbot  has 
in  demesne  1  hide  and  a  half  of  land  and  half  a  virgate,  which  contain 
as  above.  Likewise  he  has  there  8  acres  of  meadow.  Also  he  has  there 
separable  pasture  which  contains  1  acre.  Likewise  he  has  there  three 
water  mills.  Likewise  he  has  there  a  common  fish  pond  with  a  fish-weir 
on  the  bank  of  the  Nene,  which  begins  at  Wildlake  and  extends  to  the 
mill  of  Newton  and  contains  in  length  2  leagues.  Likewise  he  has  there 
a  ferry  with  a  boat. 

Free  tenants.  Thomas  le  Boteler  holds  a  messuage  with  a  court 
yard  which  contains  1  rood,  and  3  acres  of  land,  by  charter,  paying 
thence  yearly  to  the  said  abbot  14s. 

Likewise  the  rector  of  the  church  of  Alwalton  holds  1  virgate  of 
land  with  its  appurtenances,  with  which  the  said  church  was  anciently 
endowed.  Likewise  the  said  rector  has  a  holding  the  tenant  of  which 
holds  1  rood  of  ground  by  paying  to  the  said  rector  yearly  12d. 

And  the  abbot  of  Peterborough  is  patron  of  the  church. 

Villeins.  Hugh  Miller  holds  1  virgate  of  land  in  villenage  by 
paying  thence  to  the  said  abbot  8s.  Id.  Likewise  the  same  Hugh  works 
through  the  whole  year  except  1  week  at  Christmas,  1  week  at  Easter, 
and  1  at  Whitsuntide,  that  is  in  each  week  3  days,  each  day  w^ith  1 
man,  and  in  autumn  each  day  with  2  men,  performing  the  said  w^orks  at 
the  will  of  the  said  abbot  as  in  plowing  and  other  work.  Likewise  he 
gives  1  bushel  of  wheat  for  benseed  and  18  sheaves  of  oats  for  foddercorn. 
Likewise  he  gives  3  hens  and  1  cock  yearly  and  5  eggs  at  Easter.  Like- 
wise he  does  carrying  to  Peterborough  and  to  Jakele  and  no  where  else, 
at  the  will  of  the  said  abbot.  Likewise  if  he  sells  a  brood  mare  in  his 
court  yard  for  10s.  or  more,  he  shall  give  to  the  said  abbot  4d.,  and  jf 
for  less  he  shall  give  nothing  to  the  aforesaid.  He  gives  also  merchet  * 
and  heriot,  and  is  tallaged  at  the  feast  of  St.  Michael,  at  the  will  of  the 


^  Merchet,  from  Latin  rnaritagium,  was  a  payment  collected  by  the  lord  of  the 
manor,  usually  from  the  father  of  a  girl  on  her  marriage,  but  also  frequently  from 
widows  remarrying,  and  even  from  men  of  villein  status  on  their  marriage.  The 
payment  of  merchet  was  one  of  the  most  constant  tests  of  villenage.  See  Sel.  PI. 
in  Manorial  Courts.,  Selden  Soc.  I.  94. 


6  TRANSLATIONS    AND    REPRINTS. 

said  abbot.  There  are  also  there  17  other  villeins,  viz.  John  of 
Ganesoiipe,  Robert  son  of  Walter,  Ralph  son  of  the  reeve,  Emma  ate 
Pertre,  William  son  of  Reginald,  Thomas  son  of  Gunnilda,  Eda  widow 
of  Ralph,  Ralph  Reeve,  William  Reeve,  William  son  of  William  Reeve, 
Thomas  Flegg,  Henry  Abbott,  W^illiam  Hereward,  Serle  son  of  William 
Reeve,  Walter  Palmer,  William  Abbot,  Henry  Serle ;  each  of  whom 
holds  1  virgate  of  land  in  villenage,  paying  and  doing  in  all  things, 
each  for  himself,  to  the  said  abbot  yearly  just  as  the  said  Hugh  Miller. 
There  are  also  5  other  villeins,  viz.  Simon  Mariot,  Robert  of  Hastone, 
Thomas  Smith,  John  Mustard,  and  William  Carter,  each  of  whom 
holds  half  a  virgate  of  land  by  paying  and  doing  in  all  things  half  of 
the  whole  service  which  Hugh  Miller  pays  and  does. 

Cotters.  Henry,  son  of  the  miller,  holds  a  cottage  with  a  croft 
which  contains  1  rood,  paying  thence  yearly  to  the  said  abbot  2s. 
Likewise  he  works  for  3  days  in  carrying  hay  and  in  other  works  at  the 
will  of  the  said  abbot,  each  day  with  1  man  and  in  autumn  1  day  in 
cutting  grain  with  1  man. 

Likewise  Ralph  Miller  holds  a  cottage  with  a  croft  which  contains 
a  rood,  paying  to  the  said  abbot  2s.;  and  he  works  just  as  the  said  Henry. 

Likewise  William  Arnold  holds  a  cottage  with  a  croft  which  con- 
tains half  a  rood,  paying  to  the  abbot  2d.;  and  he  w^orks  just  as  the  said 
Henry. 

Likewise  Hugh  Day  holds  a  cottage  with  a  croft  which  contains  1 
rood,  paying  to  the  abbot  8d.;  and  he  works  just  as  the  said  Henry. 

Likewise  Sara,  widow  of  Matthew^  Miller,  holds  a  cottage  and  a 
croft  which  contains  half  a  rood,  paying  to  the  said  abbot  4d.;  and  she 
works  just  as  the  said  Henry. 

Likewise  Sara,  widow  of  William  Miller,  holds  a  cottage  and  a 
croft  which  contains  half  a  rood,  paying  to  the  abbot  4d. ;  and  she  works 
just  as  the  said  Henry. 

Likewise  William  Kendale  holds  a  cottage  and  a  croft  which  con- 
tains 1  rood,  paying  to  the  abbot  8d.;  and  he  works  just  as  the  said 
Henry. 

Likewise  Agnes  the  widow  holds  a  cottage  with  a  croft  which  con- 
tains 1  rood,  paying  thence  yearly  12d.;  and  she  works  just  as  the  said 
Henry. 

Likewise  Geoffrey  Note  holds  a  cottage  and  croft  which  contains 
half  a  rood;  paying  yearly  8d.;  and  he  works  just  as  the  said  Henry. 


EXTENT   OF    A LW ALTON.  7 

Likewise  Beatrice  the  widow  holds  a  cottage  and  croft  which  con- 
tains half  a  rood,  paying  to  the  abbot  8d.;  and  she  works  just  as  the 
said  Henry. 

Likewise  Henry  of  Aylingtone  holds  a  cottage  with  a  croft  which 
contains  half  a  rood,  and  1  acre  of  land,  paying  to  the  abbot  2s.  8d.;  and 
he  works  just  as  the  said  Henry. 

Likewise  Benedict  Atelane  holds  a  cottage  with  a  croft  which  con- 
tains half  a  rood,  paying  to  the  abbot  8d.;  and  he  works  just  as  the  said 
Henry. 

Likewise  Geoffrey  Baker  holds  a  toft  and  croft,  and  it  contains  half 
a  rood,  paying  to  the  abbot  4d.;  and  he  works  just  as  the  said  Henry. 

Likewise  Robert  Prenk  holds  a  cottage  with  a  croft  which  contains 
half  a  rood,  paying  to  the  said  abbot  4d.;  and  he  works  just  as  the  said 
Henry. 

Likewise  Roger  Doket  holds  a  cottage  with  a  croft  which  contains 
half  a  rood,  paying  to  the  abbot  4d.;  and  he  works  just  as  the  said 
Henry. 

Likewise  Geoffrey  Drake  holds  a  cottage  with  a  croft  which  contains 
half  a  rood,  paying  to  the  abbot  4d.;  and  he  works  just  as  the  said 
Henry. 

Likewise  Sara  the  widow  holds  a  cottage  with  a  croft  which  con- 
tains a  rood,  and  a  half  acre  of  land,  paying  to  the  abbot  8d.;  and  she 
works  just  as  the  said  Henry. 

Likewise  William  Drake  holds  a  cottage  with  a  croft  which  con- 
tains half  a  rood,  paying  to  the  abbot  6d.;  and  he  works  just  as  the  said 
Henry. 

There  are  there  also  6  other  cotters,  viz.  William  Drake  Jr., 
Amycia  the  widow,  Alice  the  widow,  Robert  son  of  Eda,  William  Pep- 
per, William  Coleman,  each  of  whom  holds  a  cottage  with  a  croft  which 
contains  half  a  rood,  paying  and  doing  in  all  things,  each  for  himself, 
just  as  the  said  William  t)rake. 

Likewise  William  Russel  holds  a  cottage  with  a  croft  which  con- 
tains half  a  rood,  paying  to  the  abbot  8d.;  and  he  works  in  all  things  just 
as  the  said  Henry  Miller. 

There  are  moreover  there  5  other  cotters,  viz.  Walter  Pestel,  Ralph 
Shepherd,  Henry  Abbot,  Matilda  Tut,  Jordan  Mustard,  each  of  whom 
holds  a  cottage  with  a  croft  which  contains  half  a  rood,  paying  thence 
and  doing  in  all  things  to  the  said  abbot  just  as  the  said  William  Russel. 


8  TRANSLATIONS    AND    REPRINTS. 

Likewise  Beatrice  of  Hampton  holds  a  cottage  and  croft  which  con- 
tains 1  rood,  paying  to  the  abhot  12d.;  and  she  works  in  all  things  just 
as  thfe  said  Henry. 

Likewise  Hugh  Miller  holds  3  acres  of  land  paying  to  the  abbot 
42d. 

Likewise  Thomas,  son  of  Richard,  holds  a  cottage  with  a  croft 
which  contains  half  a  rood,  and  3  acres  of  laud,  paying  to  the  abbot  4s. 
and  he  works  just  as  the  said  Henry. 

Likewise  Ralph  Reeve  holds  a  cottage  with  a  croft  which  contains 
1  rood,  and  1  acre  of  laud,  paying  to  the  abbot  2s.;  and  he  works  just 
as  the  said  Henry. 

Likewise  each  of  the  said  cottagers,  except  the  widows,  gives  yearly 
after  Christmas  a  penny  which  is  called  head-i^enny. 

4.       EXTENT  OF  THE  MANOR  OF  BERNEHORNE,  SUSSEX.  A.  D.    I307. 
Custumals  of  Battle  Abbey,  Camden  Society,  pp.  17-22. 

Extent  of  the  manor  of  Bernehorue,  made  on  Wednesday  next  after 
the  feast  of  St.  Gregory  the  Po})e,  in  the  thirty-fifth  year  of  the  reign  of 
King  Edw^ard,  in  the  presence  of  Brother  Thomas,  keeper  of  Marley, 
John  de  la  More,  and  Adam  de  Thruhlegh,  clerks,  on  the  oath  of 
William  de  Gocecoumbe,  Walter  le  Parker,  Richard  le  Knyst,  Richard 
the  son  of  the  latter,  Andrew^  of  Estoue,  Stephen  Morsprich,  Thomas 
Brembel,  William  de  Swynham,  John  Pollard,  Roger  le  Glide,  John 
Syward  and  John  de  Lillingewist,  who  say  etc.,  that  there  are  there 
all  the  following  things: 

The  juroi-s  say  that  the  principal  messuage  and  its  garden  with  the 
herbage  and  curtilage  are  worth  yearly  6s.  8d.;  and  the  dovecote  is  worth 
yearly  5s. ;  and  the  windmill  is  worth  yearly  20s. 

And  there  are  there  12  acres  of  thick  undergrowth  whence  the 
pannage  and  herbage  are  worth  yearly  2s. 

And  there  are  there  42  acres  of  maritime^  land  in  a  certain  place 
called  Scotsmarsh,  each  acre  of  which  is  worth  yearly  12d.,  the  sum 
being  42s. 

And  there  are  there  7  acres  and  1  rood  of  maritime  land  in  a  cer- 
tain place  called  Aldithewisse ;  and  47  acres  and  3  roods  of  maritime 


^  Apparently  land  which  was  close  to  the  salt  marsh  but  yet  capable  of  being 
cultivated,  since  agricultural  services  of  the  villein  tenants  are  mentioned  subse- 
quently. 


EXTENT   OF    BERNEHORNE.  9 

laud  ill  a  certain  place  called  Flittermarsh,  each  acre  of  which  is  worth 
yearly  12d.  the  sum  being  55s. 

And  there  are  there  22  acres  of  maritime  land  in  two  places  called 
Pundfold  and  Longrech  ;  and  7  acres  of  maritime  land  in  a  certain  place 
called  Wyssh,  and  8  acres  and  3  roods  of  maritime  land  in  a  certain 
place  called  Upcroft  marsh,  and  3  acres  and  a  half  of  maritime  land  in 
a  certain  place  called  Redewysshe;  and  each  acre  is  worth  yearly  12d.: 
the  sum  being  41s.  3d. 

And  there  are  there  19  acres,  1  rood  of  maritime  land  in  a  certain 
place  called  Berghamsmarsh,  and  7  acres  in  a  certain  place  called 
Pammai-sh,  and  3  acres  and  1  rood  of  maritime  land  beyond  the  wall 
of  Flittermarsh  and  Longreche  ;  and  each  acre  is  worth  yearly  12d.:  the 
sum  being  29s.  6d. 

And  there  are  there  15  acres  of  marshy  land  in  a  certain  place  called 
Swynhamme  and  66  acres  of  marshy  land  in  a  certain  place  called  Hoo- 
brokes,  each  acre  of  which  is  worth  now  4d.  a  year ;  and  the  foresaid 
marshy  lands,  if  they  should  be  properly  drained  will  be  worth  lOd.  per 
acre  yearly ;  the  sum  being  4£.  4s.  2d. 

And  there  are  there  18  acres  of  waste  land  in  the  fields  called 
Welleland  and  Hammes,  and  21  acres  of  land  in  the  fields  called  Panden 
and  Panylond,  each  acre  of  which  is  worth  yearly  6d. :  the  sum  being 
19s.  6d.  * 

And  there  are  there  24^  acres  in  the  field  of  Berghamme,  and  each 
acre  is  worth  yearly  6d.:  the  sum  being  12s.  3d. 

And  there  are  there  34  acres  of  land  in  a  certain  place  called 
Swynhamme,  and  56  acres  of  land  in  a  certain  field  called  Hoolonde,  of 
which  each  acre  is  worth  yearly  3d.  and  the  sum  is  22s.  6d. 

And  there  are  there  30 ^  acres  of  land  in  the  fields  called  Eldeton 
and  FurneysUand,  and  12  acres  of  land  in  the  fields  called  Pleme  and 
Schebbecrofl  and  Robertsmarsh,  and  each  acre  is  worth  yearly  3d.;  the 
sum  being  10s.  7^d. 

And  there  are  there  6  acres  and  1  rood  of  meadow  in  a  certain 
place  called  Hoolonde,  and  6  acres  of  meadow  in  a  certain  place  called 
Robertsmarsh,  and  1  acre  of  meadow  near  Robertswood,  otherwise  called 
Rokeswood,  each  acre  of  which  is  worth  18d.  a  year;  and  the  sum  is  19s. 
lOR 

The  total  of  the  acres  of  woods  is  12  acres. 

The  total  of  the  acres  of  arable  land  is  444  acres  and  3  roods,  of 


lO  TRANSLATIONS   AND   REPRINTS. 

which  147  acres  4  roods  are  maritime  land,  101  acres  marshy  land,  and 
180  acres  waste  ground. 

The  total  of  the  acres  of  meadow  is  1 3  acres  1  rood. 
The  total  of  the  whole  preceding  extent  18£.  10s.  4d. 

John  Pollard  holds  a  half  acre  in  Aldithewisse  and  owes  18d.  at 
the  four  terms,  and  owes  from  it  relief  and  heriot. 

John  Suthinton  holds  a  house  and  40  acres  of  land  and  owes  3s. 
6d.  at  Easter  and  Michaelmas. 

William  of  Swynhamme  holds  1  acre  of  meadow  in  the  thicket  of 
Swynhamme  and  owes  Id.  at  the  feast  of  Michaelmas. 

Ralph  of  Leybourne  holds  a  cottage  and  1  acre  of  land  in  Pinden 
and  owes  3s.  at  Easter  and  Michaelmas,  and  attendance  at  the  court  in 
the  manor  every  three  weeks,  relief  and  heriot. 

Richard  Knyst  of  Swynhamme  holds  2  acres  and  a  half  of  land  and 
owes  yearly  4s. 

William  at  Knelle  holds  2  acres  of  land  in  Aldithewisse  and  owes 
yearly  4s. 

Roger  le  Glede  holds  a  cottage  and  3  roods  of  land  and  owes  2s.  6d. 
at  Easter  and  Michaelmas. 

Alexander  Hamound  holds  a  little  piece  of  land  near  Aldewisse  and 
owes  1  goose,  of  the  value  of  2d. 

The  sum  of  the  whole  rent  of  the  free  tenants,  with  the  value  of  the 
goose,  is  18s.  9d. 

They  say  moreover  that  John  of  Cayworth  holds  a  house  and  30 
acres  of  land,  and  owes  yearly  2s.  at  Easter  and  Michaelmas ;  and  he 
owes  a  cock  and  two  hens  at  Christmas,  of  the  value  of  4d. 

And  he  ought  to  harrow  for  2  days  at  the  Lenten  sowing  with  one 
man  and  his  own  horse  and  his  own  harrow,  the  value  of  the  work  being 
4d.;  and  he  is  to  receive  from  the  lord  on  each  day  3  meals,  of  the 
value  of  5d.,  and  then  the  lord  will  be  at  a  loss  of  Id.  Thus  his  harrow- 
ing is  of  no  value  to  the  service  of  the  lord. 

And  he  ought  to  carry  the  manure  of  the  lord  for  2  days  with 
one  cart,  with  his  own  2  oxen,  the  value  of  the  work  being  8d. :  and 
he  is  to  receive  from  the  lord  each  day  3  meals  of  the  price  as  above. 
And  thus  the  service  is  worth  3d.  clear. 

And  he  shall  find  one  man  for  2  days  for  mowing  the  meadow  of 
the  lord,  who  can  mow,  by  estimation  1  acre  and  a  half,  the  value  of  the 


EXTENT   OF    BERNEHORNE.  II 

mowing  of  an  acre  being  6(1. :  the  sum  is  therefore  9d.  and  he  is  to 
receive  each  day  3  meals  of  the  value  given  above ;  and  thus  that  mow- 
ing is  worth  4d.  clear. 

And  he  ought  to  gather  and  carry  that  same  hay  which  he  has  cut, 
the  price  of  the  work  being  3d. 

And  he  shall  have  from  the  lord  2  meals  for  1  man,  of  the  value  of 
IJd.     Thus  the  work  will  be  worth  lid.  clear. 

And  he  ought  to  carry  the  hay  of  the  lord  for  1  day  with  a  cart 
and  3  animals  of  his  own,  the  price  of  the  work  being  6d.  And  he  shall 
have  from  the  lord  3  meals  of  the  value  of  2 id.  And  thus  the  work  is 
worth  3 2d.  clear. 

And  he  ought  to  carry  in  autumn  beans  or  oats  for  2  days  with  a 
cart  and  3  animals  of  his  own,  the  value  of  a  work  being  12d.  And 
he  shall  receive  from  the  lord  each  day  3  meals  of  the  value  given 
above :  and  thus  the  work  is  worth  7d.  clear. 

And  he  ought  to  carry  wood  from  the  woods  of  the  lord  as  far  as 
the  manor^  for  two  days  in  summer  with  a  cart  and  three  animals  of  his 
own  the  value  of  the  work  being  9d.  And  he  shall  receive  from  the 
lord  each  day  3  meals  of  the  price  given  above,  and  thus  the  work  is 
worth  4d.  clear. 

And  he  ought  to  find  1  man  for  2  days  to  cut  heath,  the  value  of 
the  work  being  4d.  and  he  shall  have  3  meals  each  day  of  the  value 
given  above ;  and  thus  the  lord  will  lose,  if  he  receives  the  service,  3d. 
Thus  that  mowing  is  worth  nothing  to  the  service  of  the  lord. 

And  he  ought  to  carry  the  heath  which  he  has  cut,  the  value  of  the 
work  being  5d.  And  he  shall  receive  from  the  lord  3  meals  at  the  price 
of  2H.     And  thus  the  work  will  be  worth  2^d.  clear. 

And  he  ought  to  carry  to  Battle  twice  in  the  summer  season,  each 
time  half  a  load  of  grain,  the  value  of  the  service  being  4d.  And  he 
shall  receive  in  the  manor  each  time  1  meal  ot  the  value  of  2d.  And 
thus  the  work  is  worth  2d.  clear. 

The  total  of  the  rents,  with  the  value  of  the  hens  is  2s.  4d. 

The  total  of  the  value  of  the  works  is  2s.  3^1.;  owed  from  the  said 
John  yearly. 

William  of  Cayworth  holds  a  house  and  30  acres  of  land  and  owes 
at  Easter  and  Michaelmas  2s.  rent.  And  he  shall  do  all  customs  just  as 
the  foresaid  John  of  Cayworth. 


M.  e.,  the  manor-house. 


12  TRANSLATIONS    AND    REPRINTS. 

William  atte  Grene  holds  a  house  and  30  acres  of  land  and  owes  in 
all  things  just  as  the  said  John. 

Alan  atte  Felde  holds  a  house  and  16  acres  of  land,  (for  which 
the  sergeant  pays  to  the  court  of  Bixley  2s.  )^  and  he  owes  at  Easter  and 
Michaelmas  4s.,  attendance  at  the  manor  court,  relief  and  heriot. 

John  Lyllingwyst  holds  a  house  and  4  acres  of  land  and  owes  at  the 
two  terms  2s.,  attendance  at  the  manor  court,  relief  and  heriot. 

The  same  John  holds  one  acre  of  land  in  the  fields  of  Hoo  and  owes 
at  the  two  periods  2s.,  attendance,  relief  and  heriot. 

Reginald  atte  Denne  holds  a  house  and  18  acres  of  land  and  owes  at 
the  said  periods  18d.,  attendance,  relief  and  heriot. 

Robert  of  Northehou  holds  3  acres  of  land  at  Saltcote  and  owes  at 
the  said  periods  attendance,  relief  and  heriot. 

Total  of  the  rents  of  the  villeins,  with  the  value  of  the  hens,  20s. 
Total  of  all  the  works  of  these  three  villeins,  6s.  10  2  d. 

And  it  is  to  be  noted  that  none  of  the  above  named  villeins  can  give 
their  daughters  in  marriage  nor  cause  their  sons  to  be  tonsured, '^  nor  can 
they  cut  down  timber  growing  on  the  lands  they  hold,  without  license  of 
the  bailiff  or  sergeant  of  the  lord,  and  then  for  building  purposes  and 
not  otherwise.  And  after  the  death  of  any  one  of  the  foresaid  villein 
the  lord  shall  have  as  a  heriot  his  best  animal,  if  he  had  any  ;  if  however 
he  have  no  living  beast  the  lord  shall  have  no  heriot,  as  they  say. 
The  sons  or  daughters  of  the  foresaid  villeins  shall  give  for  entrance  into 
the  holding  after  the  death  of  their  predecessors  as  much  as  they  give  of 
rent  per  year. 

Silvester  the  priest  holds  1  acre  of  meadow  adjacent  to  his  house, 
and  owes  yearly  3s. 

Total  of  the  rent  of  tenants  for  life,  3s. 

Petronilla  atte  Holme  holds  a  cottage  and  a  piece  of  land  and 
owes  at  Easter  and  Michaelmas  .  .  ;  attendance,  relief,  and  heriot. 

Walter  Herying  holds  a  cottage  and  a  piece  of  land  and  owes  at 
Easter  and  Michaelmas  18d.,  attendance,  relief,  and  heriot. 


^  Bixley  was  a  neigboring  manor,  held  by  the  Bishop  of  Chichester,  having  cer- 
tain claims  over  some  of  the  land  in  the  manor  of  Bemehorne. 

'^  That  is  to  let  them  enter  the  clergy.  This  was  not  only  a  common  prohibition 
according  to  the  custom  of  many  manors  but  was  enacted  in  statute  law.  '  'Sons  of 
rustics  ought  not  to  be  ordained  without  the  assent  of  the  lord  on  whose  land  they 
are  known  to  have  been  born."    Constitutions  of  Clarendon,  c.  16.     (A.  D.  1164). 


EXTENT    OF    BERNEHORNE.  1 3 

Isabella  Mariner  holds  a  cottage  and  owes  at  the  feast  of  St.  Mi- 
chael 12d.,  attendance,  relief,  and  heriot. 

Jordan  atte  Melle  holds  a  cottage  and  1  acre  of  land  and  a  half 
and  owes  at  Easter  and  Michaelmas  2s.,  attendance,  relief,  and  heriot. 

William  of  Batelesmere  holds  1  acre  of  land  with  a  cottage  and 
owes  at  the  feast  of  St.  Michael  3d.,  and  1  cock  and  1  hen  at  Christmas, 
of  the  value  of  3d.,  attendance,  relief,  and  heriot. 

John  le  Man  holds  half  an  acre  of  land  with  a  cottage,  and  owes 
at  the  feast  of  St.  Michael  2s.,  attendance,  relief,  and  heriot. 

John  Werthe  holds  1  rood  of  land  with  a  cottage  and  owes  at  the 
said  term  18d.,  attendance,  relief,  and  heriot. 

Geoffrey  Caumbreis  holds  half  an  acre  and  a  cottage  and  owes  at 
the  said  term  18d.,  attendance,  relief,  heriot. 

William  Hassok  holds  1  rood  of  land  and  a  cottage  and  owes  at 
the  said  term  18d.,  attendance,  relief,  and  heriot. 

The  same  man  holds  3^  acres  of  land  and  owes  yearly  at  the  feast 
of  St.  Michael  3s.  for  all. 

Roger  Doget  holds  half  an  acre  of  land  and  a  cottage  which  were 
those  of  R.  the  miller,  and  owes  at  the  feast  of  St.  Michael  18d.,  attend- 
ance, relief,  and  heriot. 

Thomas  le  Brod  holds  1  acre  and  a  cottage  and  owes  at  the  said 
term  3s.,  attendance,  relief,  and  heriot. 

Agnes  of  Cay  worth  holds  a  half  acre  and  a  cottage  and  owes  at  the 
said  term  18d.,  attendance,  relief,  and  heriot. 

Agnes  of  Badlesmere  holds  1  acre  of  land  and  a  cottage  and  owes 
at  the  said  term  3s.,  attendance,  relief,  and  heriot. 

William  atte  Whaunne  holds  one  acre  of  land  and  owes  at  Easter 
and  Michaelmas  2s.,  and  relief. 

Total  of  the  rents  of  the  said  cottagers,  with  the  value  of  the  hens 
34s.  6d. 

And  it  is  to  be  noted  that  all  the  said  cottagers  shall  do  as  regards 
giving  their  daughters  in  marriage,  having  their  sons  tonsured,  cut- 
ting down  timlier,  paying  heriot,  and  giving  fines  for  entrance  just 
as  John  of  Cayworth  and  the  rest  of  the  villeins  formerly  mentioned. 

Note,  lines '  and  penalties,  with  heriots  and  reliefs  are  worth  yearly  5s. 


*  A  "fine"  was  a  payment  made  to  the  lord  by  anyone  who  acquired  land  in  the 
manor  in  any  other  way  than  by  inheritance,  in  which  case  the  payment  was  relief. 
The  usual  word  for  a  penalty  was  "amerciament,"  or  it  was  recorded  that  a  person 
was  "in  mercy." 


14  TRANSLATIONS    AND   PwEPRINTS. 

XL     YEARLY     ACCOUNT     OF     IVIANOR     OF     CUXHAM, 

A.D.  1316-17. 

Rogers:  History  of  Agriculture  and  Prices  in  England,  II,  617-622. 
Compotus  of  Robert  Oldmaii,  reeve  of  Cuxham,  from  the  morrow 
of  St.  James,  in  the  10th  year  of  the  reign  of  king  Edward,  to  the  mor- 
row of  St.  James  in  the  next  following  year,  that  is  the  beginning  of  the 
11th  year  of  the  reign  of  king  Edward. 

Arrearages.  He  is  charged  with  6£.  19^d.  of  arrearages  from 
the  preceding  account.  Total  6£.  19 2d. 

Rents  of  Assize.  He  is  charged  with  13s.  Id.  of  rent  of  the 
period  of  St.  Michael;  and  with  11  fd.  from  the  foldage  of  the  animals 
at  the  feast  of  St.  Martin ;  and  with  6s.  nd.  of  rent  of  the  period  of  St- 

Thomas for  the  same;  and  with  5s.  Ind.  at  the  period  of 

St.  John;  and  with  18d.  of  new  rent  for  1  acre  of  land  granted  to  Rob- 
ert Taylor.  Total  38s.  10  Id. 

Rent.  He  is  charged  with  40s.  of  rent  of  the  water  mill :  and 
with  13s.  4d.  of  yearly  rent  of  the  fulling  mill.  Total  53s.  4d. 

Sale  of  Wheat.  He  is  charged  with  4£.  16s.  for  6  quarters  of 
wheat  sold  Thursday  next  before  the  fii*st  of  August,  at  16s.  a  quarter  : 
and  with  lOd.  for  1  bushel  of  wheat  sold  in  the  autumn  to  William 
Walderugge  because  the  keeper  granted  this  to  him :  and  with  6£.  6s. 
for  9  quarters  of  wheat  sold  before  the  feast  of  All  Saints  at  14s.  a 
quarter.  And  with  4£.  1 6s.  for  6  quartei-s  of  wheat  sold  on  the  Thui-s- 
day  next  before  the  feast  of  St.  Michael,  at  16s.  a  quarter. 

Total  15£.  18s.  lOd. 

Sale  of  Peas  and  Oats.  He  is  charged  with  24s.  for  2  quartei*s 
and  2  bushels  of  peas  sold,  at  10s.  8d.  a  quarter.  And  with  8s.  8d.  for 
1  quarter  and  5  bushels  of  oats  sold,  at  5s.  4d.  a  quarter.    Total  32s.  8d. 

Sale  of  Malt.  He  is  charged  with  17s.  6d.  for  one  quarter  and 
2i  bushels  of  malted  barley  sold,  at  13s.  4d.  a  quarter.  And  with  16s. 
3d.  for  1  quarter  and  5  bushels  of  malted  drage  sold,  at  10s.  a  quarter. 

Total  33s.  9d. 

Sale  of  Animals.  He  is  charged  with  15s.  for  1  work  horse 
sold:  and  with  40s.  for  4  oxen  sold :  and  with  12s.  for  1  cow  sold  in  the 
autumn  because  she  was  barren:  and  w^th  lis.  for  1  cow  sold  because 
she  was  barren :  and  with  8s.  for  1  cow  sold  because  she  was  weak  and 
old:  and  with  4s.  6d.  for  1  young  bull  sold  because  he  was  weak:  and 
with  lis.  Id.  for  7  calves  sold,  the  price  of  each  being  19d.;  and  with 
18d.  for  2  sheep  sold  in  winter  before  the  shearing  because  they  were 


COMPOTUS    KOLL    OF    CUXIIAM.  1 5 

weak :  and  with  5s.  1 1  •]  d.  for  1 3  geese,  the  price  of  each  goose  being 
o^d.:  and  with  lis.  Id.  for  4  score  of  pigeons  sold.     Total  7£.  17s.  lod. 

Products  of  the  Manor.  He  is  charged  with  9d.  for  swine 
running  in  the  stubble  in  the  autumn,  as  shown  in  the  items :  and  with 
5 2d.  for  sheepskins  sold:  and  with  2s.  6d.  for  works  of  Richard  Est  sold 
in  the  winter:  and  with  2s.  6d.  for  works  of  Adam  Brian  sold  in  the 
winter:  and  with  lod.  for  works  of  Joainia  Bonecherche  sold  in  the 
winter:  and  with  2s.  for  1  perna  of  bacon  :  and  with  12d.  for  peas-straw 
sold:  and  with  lis.  3d.  of  present  bread  of  the  customary  tenants  sold  at 
the  feast  of  Christmas:  and  with  18^1.  for  308  eggs  sold,  viz.,  16  for  Id.: 
and  with  33s.  for  5]  stone  of  wool  sold,  the  price  of  a  stone  being  6s., 
that  is  the  stone  weighing  16  lbs.  and  containing  42  fleeces. 

Total  47s.  3d. 

Products  of  the  Dairy.  He  is  charged  with  5s.  8d.  for  17 
cheeses  of  the  fourth  form  sold,  the  price  of  each  4d.:  and  with  18s.  3d. 
for  73  cheeses  of  the  third  form  sold,  the  price  of  each  3d.:  and  with  4s. 
lOd.  for  29  cheeses  of  the  second  form  sold,  the  price  of  each  2d.:  and 
with  6d.  for  6  cheeses  of  little  form  sold  :  and  with  22d.  for  milk  sold 
from  the  Thursday  next  af^er  the  feast  of  St.  Thomas  the  Apostle  to  the 
morrow  of  the  Annunciation  of  the  Blessed  Mary :  and  with  3s.  Id. 
for  butter  sold  in  autumn  and  in  winter :  and  6d.  for  milk  sold  between 
the  feast  of  the  Annunciation  and  the  Thursday  next  after  the  feast  of 
St.  John  before  the  Latin  Gate:  and  with  lOd.  for  5  cheeses  of  the  second 
form  sold  within  this  year  :  and  with  12d.  for  butter  sold  in  summer,  and 
not  more  because  3^  jars  of  butter  have  been  sent  to  Oxford. 

Total  36s.  6d. 

Fines  of  Land  and  Heriot.  He  is  charged  with  40s.  from 
Thomas  Canon  as  a  fine  for  the  land  which  was  Adam  atte  Hethe's : 
and  with  30s.  from  William  Burdon  as  a  fine  for  the  land  which  was 
Robert  Wyte's :  and  2s.  for  a  copper  pot  coming  as  a  heriot  from  Adam 
atte  Hethe,  which  was  sold.  Total  72s. 

Pleas  and  Perquisites.  He  is  charged  with  3s.  7d.  of  i:)erquisites 
of  the  court  held  Wednesday  next  after  the  feast  of  St.  Mary  Magdalen. 

Total  3s.  7d. 

Outside  Receipts.  He  is  charged  with  12d.  of  perquisites  of  the 
court  of  Il^estane  held  Thursday  next  after  the  feast  of  St.  Mary  Mag- 
dalen :  and  for  13s.  4d.  received  from  John,  son  of  John  Coleman,  as  a 
fine  for  the  land  which  belonged  to  John  the  Wyte  of  Ibestane:  and 
with  13s.  4d.  received  from  Amisia,  daughter  of  John  Coleman,  as  a 


1 6  TRANSLATIONS   AND    REPRINTS. 

fine  for  the  land  which  belonged  to  John  the  Baker  of  Ibestane :  and 
with  37s.  6d.  for  51  skins  of  wool  sold  in  the  past  year  which  weighed 
5  stones,  viz.,  the  stone  being  16  lbs.,  the  price  of  a  stone  being  5s.  6d. 

Total  56s.  lOd. 
Total  of  all  the  receipts  with  arrearages  48£.  17s.  4|d. 

EXPENSES. 

Quittances  of  his  own  rent.  In  quittance  of  his  own 
rent  of  Waterilond  Id.:  and  for  present  bread  2d.:  and  for  saltsilver 
id.  Total  3*d. 

Cost  of  the  plows.  For  6  pieces  of  steel  bought  for  the  plows 
5s.  lOd.:  for  3  pieces  of  steel  bought  for  the  same  8s.  7d.:  for  1  piece  of 
steel  bought  15d.:  for  6  wheels  bought  18d.;  for  poles  bought  for  the 
third  plow  22d,:  for  the  wages  of  the  blacksmith  for  repairing  the 
plowshares  between  the  feast  of  St.  James  and  the  feast  of  St.  Michaah 
2s.:  for  shoeing  the  draught  horses  in  the  same  period  18 ^d.  Likewise 
in  payment  of  the  blacksmith  for  the  repair  of  the  plowshares  between 
the  feast  of  St.  Michael  and  the  feast  of  St.  Thomas  the  Apostle  3s.:  for 
shoeing  the  draught  horses  during  the  same  time  18d.  In  payment  to 
the  blacksmith  for  mending  the  plowshares  between  the  feast  of  St. 
Thomas  and  the  feast  of  the  Annunciation  2s.  Id.:  for  shoeing  the 
draught  horses  during  the  same  time  16d.  Likewise  in  payment 
to  the  blacksmith  for  the  repair  of  the  plowshares  between  the  feast  of 
the  Annunciation  and  the  feast  of  St.  James,  4s.  6d.  For  shoeing 
the  draught  horses  during  the  same  time  17d.  For  4  horse-shoes 
bought,  16d.:  for  2  trees  for  timber  for  the  plows  3s.:  for  cutting  down 
and  hauling  the  same  4d.  Total  34s.  4d. 

Cost  of  the  carts.  For  17  clouts  bought,  21d.:  for  100  clout 
nails  bought,  2 2d.:  for  1  pair  of  packsaddles  and  3  collars  bought,  3s. 
For  1  pair  of  traces  bought,  6d.:  for  leather  bought  for  harness  12d.: 
for  51bs.  of  grease,  15d.,  at  3d.  per  pound:  for  1  pair  of  wheels  without 
tires  bought,  2s.  4d.:  for  1  rear  cord  bought,  1  Jd.:  for  the  shoeing  of  2 
cart-horses  between  the  feast  of  St.  James  and  the  feast  of  St.  Michael 
18d.:  and  the  feast  of  St.  Michael  and  the  feast  of  St.  Thomas  the 
Apostle  19d.:  and  between  the  feast  of  St.  Thomas  and  the  Annun- 
ciation 20d.  For  the  shoeing  of  3  cart-horses  from  the  feast  of  the  An- 
nunciation to  the  feast  of  St.  James  2s.  lid.  Total  17s.  3d. 

Small  necessary  Expenses.  For  2  hair  ropes  bought,  of 
which  one  was  of  6  fathoms  and  another  of  1 1  fathoms,  for  keeping  the 
draught  horses  in  the  pasture,  9d.:  for  iron  bought  at  Pyrtone  22s.:  for 


COMPOTUS   ROLL   OF   CUXHAM.  1 7 

iron  bought  from  Robert  Weyloud  1 8cl. :  for  a  dish  for  meat  and  4  other 
dishes  because  it  was  autumn  4d.:  for  6  bushels  of  salt  bought,  12s.:  for 
o  bushels  of  salt  bought,  3s.  6d.:  for  the  custom  of  the  cotters  for  carry- 
ing the  fold  2d.:  for  7*  quarters  of  drage  bought  for  feeding  the  swine 
4s.  lOd.,  at  different  prices.  For  brushwood  bought  for  the  hearths  3s. 
6d.:  for  3  quarters  and  2  bushels  of  gleanings  bought  for  the  swine,  of 
which  5  bushels  were  sent  to  Oxford  8s.  8d.,  the  price  per  quarter  being 
2s.  8d.:  for  1  knife  bought  for  cutting  the  vegetables  for  the  servants: 
for  rods  bought  for  wattling  the  fold  8d.:  for  12  clouts  bought  for  the 
fold  2s.:  for  rods  bought  for  the  harrows  2^1.:  for  fines  bought  18d.: 
given  for  the  tithe  of  7  calves  sold,  13}d.:  and  for  the  tithe  of  3  calves 
remaining  l*d.:  and  for  the  tithe  of  1  lamb,  sd.:  and  for  the  tithe  of  4 
skins  sold,  M.  For  milk  bought  for  the  lambs  4^.:  for  washing  and 
shearing  the  sheep,  6d.:  for  making  4  halters  of  horsehair  Id.:  for  ex- 
penses of  the  reeve  at  Henley  for  6  days,  selling  grain,  9d.:  for  the 
expenses  of  the  clerk  when  he  made  the  account  12d.:  for  parchment 
bought  for  the  account,  IH.:  for  pasture  bought  at  Pyrtone,  18d.:  for  hay 
bought  for  next  year,  22s.  3d.  Total  4£.  9s.  8H. 

Cost  of  the  Dairy.  For  rennet  bought,  6d.:  for  cloth  bought 
for  the  dairy,  3d.:  for  pots  bought,  Sid.  Total  122d. 

Purchase  of  Grain.  For  2  quarters  and  2  bushels  of  oats 
bought  on  account  of  the  lack  of  threshing,  9s.,  the  price  of  a  quarter 
being  4s.:  for  5  bushels  of  vetches  bought,  7s.  6d.,  the  price  of  a  bushel 
being  18d.:  fori  quarter  of  barley  bought,  10s.  2d.  Total  26s.  8d. 

Purchase  of  Animals.  For  1  draught  horse  bought  on  St« 
James'  Day  22s.  6 Id.:  for  1  draught  horse  bought  in  Easter  week  14s. 
4d.:  for  one  cow  bought  in  the  autumn,  before  calvitig,  lis.  Id. 

Total  45s.  ll^d. 

Cost  of  the  Buildings.  For  one  man  and  his  helper  hired  for 
22  days  to  put  a  roof  on  2  barns,  a  hay-mow,  and  the  kitchen,  lis.,  being 
6d.  a  day:  for  2  women  helping  them  for  10  days,  3s.,  being  2d.  a  day. 
For  1000  lath-nails  bought,  lid.:  for  poles  bought  for  prys,  6d.  For 
one  man  hired  for  4  days  to  roof  2  cottages  of  the  vill,  16d.,  at  4d.  a  day : 
for  poles  bought  for  prys,  2d.:  for  one  woman  helping  him  4d.  For  2 
quarters  of  lime  bought,  8d.  Total  17s.  lid. 

Cost  of  the  Mill.  For  timber  bought  to  renew  the  water  wheel 
of  the  mill:  for  nails  bought  for  the  same  6d.  Total  3s.  lOd. 

Threshing  and  ^A^innowing.  For  the  expenses  of  Peter  of 
Wantage  while  he  was  having  the  threshing  done,  5s.  2d.:  for  the  thresh-- 


1 8  TRANSLATIONS    AND    REPRINTS. 

ing  of  9  quarters  and  6  bushels  of  wheat  by  task,  before  the  feast  of  St. 
Michael,  os.  8(1.,  the  price  of  a  quarter  being  4d.:  for  8  bushels  of  wheat 
threshed,  at  task,  after  the  feast  of  St.  ^Michael,  9d.  For  the  winnow- 
ing of  the  same  2d.,  because  the  dairyman  wiiniowed  one-half.  For  the 
threshing  of  12  quarters  and  1  bushel  of  wheat  and  21  quarters  of 
peas,  in  the  time  of  master  John  of  Tube,  8s.  Tifd.,  the  price  of  a  quarter 
being  8d.:  for  winnowing  the  same  2^.,  because  the  dairyman  winnowed 
one  half,  being  8  quarters  for  Id.  For  the  ex})enses  of  master  John  of 
Tube  while  he  was  having  the  threshing  done,  7s.  4fd.,  besides  some 
wheat.  For  the  expenses  of  John  of  Odiham  while  he  was  having  the 
threshing  done,  22d.,  besides  some  of  the  produce  of  the  oats.  For  the 
expenses  of  master  Walter  of  Durton  while  he  was  having  the  thresh- 
ing done,  3s.  8d.,  for  the  same  time.  .  For  the  expenses  of  master  John 
of  Crofton  while  he  was  having  the  threshing  done,  8d.,  besides  some 
of  the  wheat.  For  the  threshing  of  1  quarter  and  8  bushels  of  wheat  in 
the  time  of  Walter  of  Durton,  4 Id.:  for  the  winnowing  of  the  same  1  far- 
thing. Total  27s.  6  Ad. 

Weeding  and  Mo'wing.  For  20  men  hired  for  8  days  to  pull 
bitter  weeds  and  cut  thistles  in  the  grain,  18s.  4d.,  a  penny  a  day  to  each 
one.  For  the  custom  of  the  mowers  for  medsij^e,  for  hauling  hay  2d.: 
for  the  custom  of  12  cottagei-s  stacking  hay,  6d.  For  mowing  the  gar- 
den, 2s.  Id.  Total  16s.  7d. 

Autumn  Expenses.  For  reaping  33  acres  and  1  rood  of  wheat, 
at  task,  22s.  lOd.,  during  the  time  of  master  William  Boliuer,  the 
price  of  an  acre  being  8d.  For  reaping  44}  acres  of  drage  and  oats  at 
task,  81s.  9  id.,  the  price  of  an  acre  being  7d.,  through  the  same  time. 
For  reaping  6  acres  of  drage  and  oats,  at  task,  3s.,  during  the 
same  time,  the  price  of  an  acre  being  6d.  For  the  expenses  of  master 
William  Boliner,  Peter  of  Wantage,  the  reeve,  hayward,  and  dairyman 
through  4  weel«  in  autumn,  and  at  the  coming  of  the  keeper  and  others 
who  came  after,  15s.  Id.,  through  the  same  time.  For  3  men  hired  at 
the  park  of  Pyrtone,  6d.  Total  73s.  2 id. 

W^ages  of  Servants.  For  the  wages  of  2  hostlers  in  the  winter 
season,  4s.,  also  for  2  drivers,  3s.,  also  for  the  carter  2s.,  also  for  the 
shepherd  12d.,  and  not  more  because  he  kept  the  sheep  of  others;  also  to 
the  cowherd  in  winter,  12d.,  likewise  to  the  dairyman  12d.  For  the 
payment  to  the  clerk  who  drew  up  the  account,  2s.,  and  2s.  as  a  gratuity. 

Total  16s. 

Expenses  of  the  Steward.     For  the  expenses  of  the  steward 


COMPOTUS    ROLL   OF   CUXHAM.  I9 

ill  holding  the  courts  of  Cuxham  and  Ibstane  Monday  and  Tuesday 
next  after  the  feast  of  St.  Mary  Magdalen,  bread  from  the  store-room, 
for  ale  22d.,  for  meat  5d.         ^  Total  2s.  eSd. 

Expenses  of  the  Keeper.  For  the  expenses  of  the  keeper  on 
his  coming  from  London  on  the  morrow  of  St.  Frideswide's,  bread  from 
the  store-ro(mi.  For  ale,  4d.,  for  one  sheep  given  to  the  servants,  8d., 
and  to  the  baliff  of  the  king,  12d.,  and  to  the  hayward  of  Pyrtone,  at 
the  order  of  the  keeper,  12d.  For  the  expenses  of  the  same  near  Hoke- 
day,  staying  5  days,  bread  from  the  store-room;  for  ale,  2s.  lid.,  for 
meat  lis.  5d.:  besides  bacon  from  the  store-room,  for  peas  6d.,  for  bridles, 
4d.;  given  to  the  baliff  of  the  king  6d.,  and  to  the  servants  4d.,  and  to  a 
man  coming  from  Scotland  to  the  lord  king,  6d.  Total  10s.  2d. 

Outside  Expenses.  For  the  expenses  of  the  bailiffs  of  Maldon, 
Ledrede,  and  Farley,  in  coming  to  the  account  and  in  returning ;  bread 
and  cheese  from  the  store-room,  for  ale  12d.  For  the  expenses  of  the 
carter  of  Chetindone  coming  from  Oxford  and  of  the  carters  of  Haliwell 
on  their  coming  to  Bredefeld  to  get  timber  there,  bread  and  cheese  from 
the  store-room ;  for  ale  8d.  For  the  expenses  of  the  same  and  of  the 
carter  of  Cuxham  on  the  way  to  Bredefeld  four  times  and  on  the  way 
to  Alramanson  twice,  with  the  expenses  of  one  man  going  with  him  twice, 
5s.  6d.  For  6  clouts  with  nails  bought  for  the  cart  from  Chetindone) 
9d.  For  hay  bought  on  the  way  for  the  horses,  12d.  For  the  expenses 
of  the  tax  collectors  of  the  sixteenth  penny,  bread  and  cheese  from  the 
store-room,  for  ale  7  id. ;  given  to  the  same  6s.  8d.  Given  to  the  lord 
king  for  the  sixteenth  penny  28s.  For  poles  bought  as  prys  for  pre- 
paring timber  3d.:  for  one  man  and  his  helper  hired  for  3  days  at 
preparing  timber  18d.:  for  one  woman  helping  them  for  2  days,  2d. 
For  the  expenses  of  2  men  coming  to  Maldon  to  hunt  for  a  pig  there, 
bread  and  cheese  from  the  store-room,  ale,  2d.  For  eggs  Id  For  the 
expenses  of  the  2  men  driving  a  pig  to  Chetindone,  6d.  For  the  ex- 
penses of  lord  Stephen  of  Chenidant,  Friday  next  before  the  feast  of  St. 
Thomas  the  A{x>stle,  bread  and  cheese  from  the  store-room,  ale  2d. 
For  the  expenses  of  4  masters  coming  to  Reading  for  orders  and  return- 
ing about  the  feast  of  St.  Thomas  the  Apostle,  bread  5d.,  beside  bread 
from  the  store-room,  ale  13d.,  garlic,  Id.,  cheese  from  the  store-room. 
For  shoeing  3  horees  of  the  cart  of  Chetindone  and  for  mending  the 
broken  strakes  and  hooks  of  the  cart,  15d.  For  the  expenses  of  master 
Adam  of  Hystede  coming  from  London  on  the  morrow  of  St.  Agatha  the 
Virgin,  bread  from  the  store-room,  ale  4d.     For  the  expenses  of  a  man 


20  TRANSLATIONS    AND   REPRINTS. 

of  the  king  and  his  servant  coming  from  Oxford  to  mark  the  door  of  the 
barn,  Thursday  next  after  the  conversion  of  St.  Paul ;  and  the  same 
servant  remained  for  2  days ;  and  of  another  servant  who  came  to  him 
and  remained  2  days ;  bread  and  cheese  from  the  store-room,  ale  8d., 
meat  3d.,  eggs  Id.  Also  given  to  the  said  men  of  the  lord  king,  2s. 
For  hauling  4  casks  and  1  pipe  from  London  to  Henley  6s.  9d.,  at  18d. 
a  cask  and  9d.  for  the  pipe.  For  a  house  hired  for  storing  the  said  casks 
at  Henley,  6d. :  for  rolling  the  said  casks  into  the  house  and  out  of  the  house 
again  when  they  had  to  be  put  into  the  cart,  7d  ;  for  placing  the  same 
in  the  cart,  9d.,  for  hauling  the  same  from  Henley  to  Cuxham,  18d. 
For  expenses  at  Cuxham.  For  2  men  coming  from  Oxford  to  get  one 
cask,  bread  and  cheese  from  the  store-room,  ale  2d.,  garlic  2d.  For  the 
expenses  of  the  bailiff  of  Ledrede  going  to  Oxford  and  returning,  about 
the  feast  of  St.  Osyth  the  virgin,  bread  from  the  store-room,  ale  2^., 
eggs  Id.,  cheese  from  the  store-room.  For  164  eggs  bought  for  the 
account,  12d.  Total  65s.  Id. 

Total  of  all  expenses  22£.  7s.  9H. 
And  he  owes  26£.  9s.  7^1. 

III.     MANOR  COURT  ROLLS. 

I.       MANOR  COURT  ROLLS  OF  GREAT  CRESSINGHAM,  NORFOLK.   1 328-9. 
Five  Court  Rolls  of  Great  Cressingham,  Edited  and  Translated  by  Henry  W. 
Chandler,  Privately  Printed,  London.  1885.     pp.  17-35. 

A  Court  in  the  same  place  (Great  Cressingham),  on  Monday  next 
after  the  feast  of  the  Nativity  of  the  Blessed  Mary  in  the  year  of  the 
reign  of  King  Edward  above  mentioned,  (i.e.,  Edward  III;  Sept  12th 
1328.) 

Excuse.  William  of  Glosbridge,  attorney  of  Sir  Robert  de  As- 
pale  by  the  common  excuse  through  W.  Prat.     (He  came  afterwards.) 

Order.  It  was  ordered,  as  before,  to  distrain  Master  Firmin  to 
show  by  what  right,  etc.,  concerning  the  tenement  Walwayn.  Likewise 
to  distrain  Sir  John  Walwayn  for  fealty. 

Amerciament,  3d.  From  Petronilla  of  Mintling  for  leave  to 
agree  with  William  Attewente,  concerning  a  plea  of  trespass. 

Order.  It  was  ordered  to  distrain  Peter  the  Cooper  for  lod. 
which  he  owed  to  Roger  the  Miller,  at  the  suit  of  William  Attestrete, 
who  proved  against  him  four  shillings  in  court. 

Fine,  I2d.  From  Walter  Orengil  for  his  term  of  four  years  to  hold 
in  6  acres  of  land  rented  from  Gilbert  Cloveleke,  for  which  grant  the 


COURT   ROLL   OF   CRESSINGHAM.  21 

said  Walter  is  to  pay  annually,  at  the  feast  of  All  Saints,  to  the  said 
Gilbert  four  quartei*s  and  four  bushels  of  barley,  during  the  said  term. 

Pledges  Nally  and  John  Buteneleyn. 

Amerciament,  2d.  From  John  Brichtmer  because  he  was  sum- 
moned to  do  one  boon-work  in  autumn  and  did  not  come.  Therefore  he 
is  to  be  amerced. 

Amerciament,  2d.  From  Alice,  wife  of  Richard  of  Glosbridge, 
for  the  same. 

Amerciament,  2d.     From  William  Robyn  for  the  same. 

Order.  From  Walter  Page  and  Margaret  his  wife,  because  they 
cannot  deny  that  they  are  keeping  back  from  John  of  Euston  3d. ;  and 
therefore  it  was  ordered  that  the  said  3d.  should  be  levied  from  the  said 
Walter  to  the  use  of  the  said  John.     (Reversed,  because  he  is  poor.) 

Fine,  4d.  Martin  the  son  of  Basil  and  Alice  his  wife  having  been 
examined  by  the  bailiff,  surrendered  into  the  lord's  hand  one  rood  of 
land  with  a  cottage  thereon,  to  the  use  of  Isabel  daughter  of  John  Fayr- 
say  and  their  heirs,  to  hold  in  villenage  at  the  will  of  the  lord,  doing  etc. 
all  rights  being  saved.     And  she  gives,  etc. 

Fine,  4d.  Isabel  Fayrsay  surrendered  into  the  lord's  hands  one 
rood  and  one  quarter  of  a  rood  of  land  and  one  rood  of  meadow  and  half 
of  a  cottage  to  the  use  of  Martin  Basil's  son  and  Alice  his  wife  and  their 
heirs,  to  hold  in  villenge  at  the  will  of  the  lord,  doing  etc.  All  rights 
being  saved.     And  he  gives  to  the  lord. 

Fine,  4d.  From  John  Pye  for  his  term  of  five  years  to  hold  in 
three  roods  of  land  rented  from  Hugh  Holer.  The  term  begins  at  the 
feast  of  St.  Michael. 

Fine,  ^£,  It  is  to  be  remembered  that  the  lord  out  of  his  seisin 
delivered  and  gave  to  Vincent  of  Lakinham  one  messuage,  7  acres  2i 
roods  of  land  of  the  \nllenage  of  the  lord,  which  had  been  taken  into  the 
lord's  hand  after  the  death  of  William  the  son  of  Hugh  because  the 
aforesaid  William  w^as  a  bastard  son  and  died  without  heirs,  to  hold  of 
him  to  the  aforesaid  Vincent  and  his  heii-s,  in  villenage  at  the  will  of 
the  lord,  doing  thence  the  services  and  customs  due.  All  rights  being 
saved.  And  he  gives  to  the  lord  for  his  entry.  And  saving  to  Alice 
who  was  wife  of  Hugh  the  son  of  Lawrence  half  of  the  said  tenements 
to  hold  in  dower  for  the  term  of  her  life. 

Note,  I  beast;  price  los.  The  jury  says  John  Bassissone  has 
died  seized  of  one  messuage,  16  acres  and  1  rood  of  land  of  villenage, 
and  that  John  his  son  is  his  next  heir,  and  is  of  the  age  of  nine  years. 


22  TRANSLATIONS   AND   REPRINTS. 

And  because  the  said  heir  has  not  come,   therefore  it  is  ordered  that 
seisin  be  in  the  whole  villenage  until,  etc. 

Order.  To  distrain  the  tenants  of  the  tenement  Sovvle  for  one 
boon-work  witheld  in  autumn. 

Fine,  40s.  All  the  jury  says  that  Thomas  Ode  has  died  seised  of 
a  cottage  and  5  acres  and  one  rood  of  land  of  the  villenage  of  the  lord, 
and  that  they  know  him  to  have  no  surviving  heir,  and  therefore  the 
whole  tenement  was  taken  into  the  lord's  hand.  And  the  lord  out  of  his 
seisin  delivered  and  gave  the  whole  of  the  said  tenement  to  a  certain 
Simon  Maning  of  Walton  and  his  heirs  to  hold  in  villenage  at  the  will 
of  the  lord,  doing  therefore  the  service  and  customs  due.  Saving  all 
kinds  of  rights.     And  he  gives  to  the  lord  to  have  entry. 

Order.  Ordered  to  distrain  Henry  le  Cok,  John  Maggard,  chap- 
lain, and  John  Ingel,  because  they  withhold  from  the  lord  3d.  rent  now  for 
five  years  for  the  parcel  tenement  Merchant. 

Likewise  to  distrain  Richard  of  the  River  for  fealty  for  the  tene- 
ment formerely  of  Reyner  Attechirche. 

Election.  The  whole  homage  elect  the  tenement  of  Geoffrey 
Attechirchgate  for  the  office  of  reeve  this  year,  and  the  tenants  are  Nally, 
Buteneleyn,  Martin,  Bassissone,  and  others.  And  the  said  Alexander 
was  sworn. 

Likewise  the  tenement  of  Lawrence  Smith  for  the  next  year. 

Likewise  the  tenement  Ernald  for  the  office  of  reaper :  and  the 
tenants  are  W.  Macurneys,  Buteneleyn,  W.  Pawe,  and  T.  Attenew- 
house.  And  the  said  W.  Pawe  was  sworn  and  afterward  excused. 
And  Prat  performs  the  office  for  him. 

Order.  It  was  ordered  to  distrain  Alan  son  of  William  Attehall- 
gate  and  John  his  brother,  for  fealty  for  the  tenement  which  belonged 
to  master  Roger  de  Snetisham,  of  the  fee  of  the  lord. 

Likewise  to  distrain  John  Pye  to  show  by  what  right,  etc.,  and  for 
fealty. 

Likewise  to  retain  the  pledges  taken  from  the  men  of  Hilburworth 
until  they  have  made  satisfaction  for  damages  done  in  the  common. 

Amerciament,  I2d.  From  William  Hubbard  for  damage  in 
the  lord's  meadows. 

Amerciament,  6d.  From  John  Aylemer  for  damage  in  the 
fields  in  autumn. 

Amerciament,  2d.  From  Hugh  Holer  because  he  did  not  do 
his  boon-work  in  autumn,  as  he  was  summoned  to  do. 


COURT    ROLL   OF   CRESSINGHAM.  23 

1 2d.  From  Isabel  Syapping  for  license  to  have  a  fold  of  her  own 
sheep. 

Memorandum.  Of  4  bushels  of  barley  taken  from  Roger  the 
miller,  etc.,  by  the  Reaper ;  and  let  them  be  handed  over  to  Thomas 
Pawe  for  a  debt  recovered  against  the  said  Roger. 

Total  6£.  4s.  lid.,  besides  a  heriot  valued  at  10s. 

Total  of  all  the  courts  for  the  whole  year,  8£.  16s.  8d. 

CRESSiNGHAM.     A  Court  and  Leet  there  on  Monday  next  after  the 

feast  of  the  apostles  Peter  and  Paul,  in  the  third  year  of  the  reign  of 

king  Edward,  the  Third  from  the  Conquest,  (i.  e.,  July  3rd,  1329). 

Fine,  i8d.  Gilbert  de  Secheforde  surrendered  into  the  hands  of 
the  bailiff,  in  the  presence  of  the  whole  homage  a  cottage  to  the  use  of 
John  Putneys  and  his  heirs,  to  hold  in  villenage  at  the  will  of  the  lord, 
doing  thence  the  services  and  customs  due ;  saving  rights  of  all  kinds. 
And  he  gives  for  entry,  etc. 

Order.  It  was  ordered  to  retain  in  the  lord's  hand  one  messuage 
and  one  acre  of  land  of  which  John  Belessone  was  seized  when  he  died, 
because  it  is  not  known  of  what  condition  he  was ;  and  therefore  the  rolls 
of  the  34th  and  32nd  of  king  Edward  are  being  examined. 

Amerciament,  3d.  From  Alice,  daughter  of  Geoffrey  Attenew- 
house,  for  marrying  without  leave. 

Amerciament,  4d.     From  John,  son  of  Martin,  for  the  same. 
Postponement.     A  suit  between  Thomas  Attetunesende,  plaint- 
iff, and  Adam  Attewater,  defendant,  concerning  a  plea  of  agreement, 
was  postponed  till  the  next  court  by  consent  of  the  parties  on  account  of 
arbitration. 

Postponement.     A  distraint  taken  from  John  Maggard  and 
Henry  le  Coke  for  arrears  of  rent  was  postponed  till  the  next  court. 
And  it  was  ordered  to  distrain  John  Ingil,  their  joint-tenant,  etc. 
Chief  Pledges.     John  Buteneleyn,       John  Hardy, 

William  Robin,  Thomas  Hardy, 

Henry  Pawe,  Nicholas,  son  of  Roger, 

Laurence  Smith,         Roger  Attehallgate, 
Roger  Gurnay,  William  le  Warde, 

William  Attestrete,    Robert  Gemming. 
These  were  sworn  and  say : 

Fine,  3d.     From  William  Hubbard  for  license  to  put  his  grain 
growing  in  the  lord's  villenage,  out  of  villenage. 


24  TRANSLATIONS    AND    REPRINTS. 

Amerciament.  From  Silvester  Smith,  for  blood  drawn  from 
John  Marschal.     (erased).     Because  he  was  elsewhere. 

A.  6d.  From  John  Barun  for  the  same  from  William,  son  of 
Sabine. 

A.  3d.  From  Margaret  Millote  for  the  same  from  Agnes, 
daughter  of  Martin  Skinner. 

A.  6d.  From  the  rector  for  an  encroachment  on  the  common  at 
Greneholm,  12  perches  long  and  2  feet  wide. 

A.  6d.  From  the  same  rector  for  an  encroachment  made  at  Calde- 
well,  20  perches  long  and  1  foot  wide. 

A.  3d.  From  Roger  of  Draytone  because  he  made  an  encroach- 
ment at  the  Strete  3  perches  long  and  1  foot  wide. 

s|>  sl>  >]>  %A^  v>  0>  ^  ^  ^1^ 

A.  6.  From  Hugh  Rolf  and  Hugh  Holer  for  license  to  resign- the 
office  of  ale-taster. 

Election.  Alan  le  Cok  and  Alan  le  Spicer  were  elected  to  the 
office  of  ale- taster,  and  sworn. 

A.  2d.  From  Christiana  Punte  because  she  has  sold  ale  and 
bread  contrary  to  the  assize. 

A.  2d.  From  William,  son  of  Clarissa  because  he  broke  into  the 
house  of  John  son  of  Geoffrey  Brichmer. 

A.  2d.  From  Adam  son  of  Matilda  Thomas  because  he  is  not  in 
the  tything. 

A.  2d.     From  John  son  of  Thomas  Brun  for  the  same. 

A.  6d.  From  Peter  the  miller  for  a  hue  and  cry  justly  raised 
against  him  by  the  wife  of  William  the  Fuller. 

2.       EXTRACTS   FROM    THE    HALMOTE    COURT    ROLLS    OF    THE     PRIOR 
AND    CONVENT  OF  DURHAM,    1 345-83. 
Publications  of  the  Surtees  Society.     Vol.  82.  pp  16-179. 

The  following  items  are  extracted  from  the  records  of  the  successive  courts 
held  by  the  Steward,  Bursar,  or  Terrar  of  the  Priory  of  Durham.  Three  courts  a  year 
seem  to  have  been  held  in  each  of  the  fifteen  manors  belonging  to  the  convent,  be- 
sides more,  frequent  meetings,  at  the  call  of  the  reeve.  The  word  "halmote"  or 
*'halimote"  is  frequently  applied  to  the  manor  court  meetings,  and  is  generally  con- 
sidered to  be  equivalent  to  a  meeting  in  the  hall  or  manor  house.  Maitland,  Sel. 
Pleas  in  Manorial  Courts,  I,  Ixxvi. 

First  Tourn  of  the  Halmotes  of  the  Prioty  of  Durham,  beginning  at 


DURHAM    HALMOTE   ROLLS.  25 

Fery,  July  6th,  A.D.  1345,  before  lords  William  of  Chareton  and  Rob- 
ert of  Benton,  Terrar  and  Bursar,  and  Simon  Esshe,  Steward. 

Spen,  1345.  Agnes  widow  of  Adam  of  Mora  has  taken  a  house  and 
50  acres  of  land  which  her  husband  Adam  formerly  held,  paying  ann- 
ually for  her  life  33s.  4d.  And  there  is  remitted  to  her  16s.  8d.  a  year 
from  the  old  rent  on  account  of  her  age  and  weakness  of  mind. 

Billingham,  1345.  Agnes  daughter  of  William  Nouthird  has 
taken  a  cottage  with  the  curtilage,  which  the  said  William  her  father 
formerly  held,  to  be  held  on  payment  of  6d.  a  year  and  20  autumn 
works  in  the  manor  of  Billingham,  provided  she  has  food.  Fine,  2s.; 
pledges  J.  of  Stokton  and  Alexander  son  of  Gilbert. 

The  reeve  and  jurors  complain  and  present  that  certain  persons 
named  below  do  not  hold  land  by  reason  of  which  they  have  any  right 
to  have  part  in  the  common  pasture,  and  yet  they  feed  their  cattle  on  the 
pasture  of  the  vill  to  the  injury  of  those  who  hold  land.  It  is  therefore 
required  that  they  remove  their  animals  from  the  pasture  so  that  for  the 
future  they  shall  not  thus  overstock  the  pasture  ;  under  penalty  of  half 
a  mark. 

North  Pittington,  1358.  Bonageus^  Moneyer  came  here  into  court 
and  took  a  messuage  and  28  acres  of  land  which  had  been  Christiana 
Ponchoun's,  because  no  one  of  the  blood  of  the  said  Christiana  was  will- 
ing to  fine  for  them,  to  have  and  hold  for  the  term  of  his  life,  on  pay- 
ment for  the  first  3  years  of  13s.  4d.  a  year,  and  afterward  20s.  a  year. 
And  the  same  Bonageus  will  repair  within  a  year,  at  his  own  cost,  the 
building  of  the  foresaid  messuage.  And  he  gives  for  a  fine  20s.  of  which 
13s.  4d.  is  remitted  for  the  repairs  of  the  foresaid  buildings.  Pledges 
for  the  rent  and  for  all  other  things  which  are  required  Robert  Thomson 
and  John  Ponchoun. 

Bonageus  Moneyer  came  here  and  took  a  messuage  and  20  acres  of 
a  nd  formerly  in  the  tenure  of  Richard  of  Aucland  vicar  of  Pittington, 
which  were  seized  into  the  hand  of  the  lord  because  he  left  them  and 
rented  them  without  license  of  the  lord ;  to  have  and  hold  for  the  term 
lof  his  life,  paying  the  ancient  rent  and  doing  for  the  lord  and  his  neigh- 
bors what  is  required ;  on  the  pledge  of  John  Ponchoun  and  Robert 
Thomson.     And  he  gives  as  fine  13s.  4d. 


^  In  1364,  Bonageus,  a  P^lorentine,  was  moneyer  for  the  king  of  Scotland. 
This  was  probably  the  same  man.  He  might  have  been  in  1358  minter  for  the 
Bishop  of  Durham.  By  1364  he  is  recorded  as  having  left  his  holdings  at  Pitting- 
ton. 


26  TRANSLATIONS    AND    REPRINTS. 

West  Raynton,  1364.  It  is  reported  by  the  inquisition  upon  which 
Hugh  Urkyll  has  placed  himself,  viz.  on  the  oath  of,  etc.  (8  names)  that 
the  said  Hugh  is  a  natimis^  of  the  lord  prior  and  that  his  father  and  grand- 
father were  considered  as  nativi  of  the  said  lord  prior.  And  moreover 
this  same  Hugh  made  his  fealty  here  in  court  just  as  pertains  to  a  natiims. 
It  is  reported  by  the  same  inquisition  that  John  Wydowson  is  a  natimis 
of  the  lord  and  of  like  condition  etc ;  and  besides  this,  etc.  has  made  his 
fealty  etc.  It  is  ordained  and  enjoined  on  all  who  were  on  the  foresaid 
inquisition  that  each  of  them  hold  what  was  said  among  them  as  a  secret, 
under  penalty  of  payment  of  40d.  by  the  one  who  is  found  guilty.  It  is 
enjoined  on  all  the  tenants  of  that  vill  and  the  vill  of  East  Raynton  that 
no  one  of  them  call  anyone  of  those  vills  "iiativus"  of  the  lord,  under 
penalty  of  payment  of  20s.  by  the  one  who  is  found  guilty. 

Billingham,  1364.  It  is  enjoined  upon  all  the  tenants  of  the  vill 
that  none  of  them  grind  his  grain  outside  of  the  domain  so  long  as  the 
mill  of  the  lord  prior  is  able  to  grind,  under  penalty  of  20s. 

Coupon,  1365.  It  is  reported  by  the  jury  that  Thomas  son  of 
Richard  of  Billingham  staying  at  Melsonby  and  acting  as  common  herd- 
man  there,  is  a  nativus  of  the  lord. 

Ne\Nlx)n  Bewley,  1365.  From  John  of  Baumburg  for  his  trans- 
gression against  Adam  of  Marton,  in  calling  him  false,  perjured,  and  a 
rustic;  to  the  loss  of  the  same  Adam  of  Marton  40d.,  penalty  13d. 

Mid-Merrington,  1365.  From  Richard,  son  of  Thomas,  because  he 
has  not  recalled  his  son  from  school  ^  before  the  feast  of  St.  Michael  as 
enjoined  upon  him  at  the  last  Halmote,  penalty  40d.  It  is  enjoined 
upon  all  the  tenants  of  the  vill  that  none  of  them  insult  the  pounder 
while  fulfilling  his  duty,  nor  swear  at  him. 

West  Raynton,  1365.  A  day  is  given  to  all  the  tenants  of  the 
vill  to  make  a  law  that  neither  they  nor  their  wives  nor  their  servants 
shall  cut  down  anything  within  the  woods,  nor  carry  anything  green 
away  from  the  woods ;  each  of  them  at  the  next  court  six-handed. 


^That  is,  a  bondman  of  the  lord  born  on  the  manor.  The  word  is  nsed  not  in 
contrast  with  villanus,  but  as  a  more  exact  term,  laying  stress  on  his  servile  status, 
at  a  period  when  many  men  in  the  social  position  of  villeins  were  no  longer  person- 
ally  unfree.  It  is  here  evidently  a  term  of  opprobrium,  as  well  as  an  indication  of  sub- 
jection to  the  burdens  of  serfdom.  The  official  who  holds  the  court  seems  to  de- 
precate any  rousing  of  the  resentment  of  the  villein  tenants  by  its  open  use. 

2  Doubtless  a  villein  who  was  violating  the  law  by  endeavoring  to  have  his  son 
trained  to  be  a  priest ;  see  at  Ackley,  below. 


DURHAM    HALMOTE    ROLLS.  27 

Couix)n,  1365.  From  Agnes  Postell  and  Alice  of  Belasis,  for 
breaking  the  assize  of  ale,  12d.  From  Alice  of  Belasis,  for  bad  ale,  and 
moreover  because  the  ale  which  she  sent  to  the  Terrar  was  of  no  strength, 
as  was  proved  in  court,  2s. 

Ackley,  1365.  It  is  ordained  by  common  consent  that  no  one  per- 
mit colts,  calves,  young  steers  or  any  other  animals  within  the  field  in 
which  grain  is  sowed  nntil  the  grain  is  cut  and  carried  off,  under  penalty 
of  half  a  mark. 

Fery,  1365.  It  is  ordained  by  common  consent  that  Robert  Todd 
should  keep  his  sheep  from  feeding  on  the  grain  of  his  neighbors  and  on 
the  cowpasture,  under  i:)enalty  of  40d.;  and  moreover  that  each  tenant 
keep  his  pigs,  cows,  horses,  and  other  animals  from  feeding  on  the  grain 
or  treading  it,  and  that  the  cottagers  should  keep  their  cattle  within  the 
common  pasture,  under  the  penalty  foresaid. 

Ackley,  1366.  It  is  required  of  John,  son  of  Thomas  of  Chilton, 
living  at  Coites  that  he  recall  his  son  from  the  schools  before  the  feast 
of  the  Purification  of  the  Virgin  next. 

West  Merrington,  1367.  It  is  enjoined  on  all  the  tenants  of  the 
vill  that  each  of  them  cause  to  be  plowed  the  outer  parts  of  the  field  and 
then  the  inner  parts,  so  that  none  of  them  .  .  .  .  ^  loss  on  account  of  lack 
of  plowing. 

Billingham,  1368.  It  is  enjoined  upon  all  the  tenants  of  the  vill 
that  none  of  them  cut  the  balks  before  the  next  court. 

Coupon,  1368.  John  Pulter  and  Robert  Fauks  were  elected  ale- 
tasters,  and  were  sworn. 

Newton  Bewley,  1368.  From  Alice,  servant  of  Adam  of  Marton, 
for  leyr,"^  6d.  From  Thomas,  servant  of  the  same  for  drawing  his  knife 
to  strike  John  Smith,  i)enalty  40d.,  by  grace  12d. 

Wallsend,  1368.  It  is  enjoined  u[X)n  all  the  tenants  of  the  vill 
that  each  of  them  come  on  the  summons  of  the  reeve  to  discuss  the  com- 
mon business  touching  the  profit  of  the  vill. 

Hesylden,  1368.  From  Robert,  son  and  heir  of  John  son  of 
Matilda,  as  a  heriot  for  1  messuage  and  20  acres  of  land  which  he  holds 
freely,  for  homage,  and  fealty  and  service  of  40d.  and  a  heriot,  viz.  the 
best  beast;  15s.,  and  nothing  for  relief. 


*  Manuscript  illegible. 

'^  Leyr  was  a  fine  imposed  upon  women  who  had  been  guilty  of  incontinence. 


28  TRANSLATIONS    AND   REPRINTS. 

Monkton,  1369.  Robert  Jakson,  nativus  of  the  lord  made  his  fealty 
to  the  lord  at  Jarrow,  Thursday  next  after  the  feast  of  St.  Luke  the 
Evangelist,  in  the  69th  year. 

Heworths,  1370.  It  is  enjoined  u}X)n  all  the  tenants  of  the  vill 
that  they  have  the  common  forge  and  the  common  oven  repaired. 

East  Raynton,  1370.  From  Margaret  daughter  of  Robert  Wright 
for  merchet,  pledge,  Alice,  her  mother,  2s. 

Fery,  1370.  From  Margaret  Fery woman  for  leyr,  6d.  From 
Adam  Graundorge  for  his  transgression  made  against  Robert  Letany  by 
killing  his  cow  to  the  loss  of  7s.,  3d.  A  day  is  given  to  the  same  Adam 
to  make  his  law  against  Richard,  son  of  Peter,  that  he  has  not  broken 
the  leg  of  his  cow.  At  the  next  court,  with  six  hands.  He  has  not  found 
a  pledge.  Therefore  let  the  said  Richard  recover  against  him.  From 
Adam  Graundorge  for  1  cow  of  Richard,  son  of  Peter,  killed,  to  the  loss 
of  10s.,  penalty  3d. 

Wallseud,  1370.  It  is  ordained  by  common  consent  that  each  ten- 
ant should  come  to  the  making  of  the  hay  of  the  common  meadow  when 
they  shall  be  warned,  under  penalty  of  losing  their  part  and  even  under 
penalty  of  heavy  fine. 

Harton,  1370.  An  inquisition  w^as  taken  here  Tuesday,  the  day 
after  St.  Simon's  and  St.  Jude's  Day,  A.  D.  1370,  before  lord  John  of 
Heminburg,  Terrar,  and  lord  Thomas  Surtays,  Steward,  for  inquiring 
of  what  condition  Adam  Diotson  and  Roger  Ward  are,  on  the  oath  of 
John  Wallas,  80  years  old,  Thomas  Page,  Richard  of  Hertlaw,  John 
Dogeson,  John  Gray,  John,  son  of  Adam  of  Southwyk,  Thomas,  son  of 
Alan,  and  John  Reid.  Who  say  on  their  oath  that  a  certain  John 
Ward,  grandfather  of  the  aforesaid  Roger  Ward,  and  John  Ward, 
father  of  the  same  Roger,  were  of  old  held  to  be  natiii  of  the  lord  Prior, 
and  never  did  they  hear  the  contrary  till  this  day.  And  they  say  that 
a  certain  Thomas  Maymond,  grandfather  of  the  aforesaid  Adam,  and 
John,  father  of  the  aforesaid  Roger,  were  brothers  by  the  same  father 
and  mother,  and  they  say  that  the  aforesaid  Adam  and  Roger  are  of  the 
same  servile  condition  as  their  ancestoi-s  were  and  never  did  they  hear 
the  contrary. 

East  Raynton,  1370.  Lease  of  the  manor.  John  Freman,  Rob- 
ert of  Coldingham,  Elias  Pater-Noster,  and  Thomas  Gibson  have  taken 
the  demesne  lands  with  their  buildings,  to  have  and  to  hold  for  the  term 
of  15  years,  paying  yearly  at  the  treasury  8  marks,  and  to  the  Terrar 
half  a  mark,  commencing  payment  at  the  feast  of  Pentecost,  A.  D.,  '71. 


DURHAM    HALMOTE    ROLLS.  29 

And  they  found  54  acres  of  one  cultivation  ;  and  they  will  manure  10 
acres  in  each  year.  And  they  will  return  the  building's  and  land  m 
pro[)er  condition  because  they  so  received  them.  Pledges,  each  of  the 
other,  and  others  of  the  vill  who  work  part  of  it  on  lease  from  John 
Freman  and  his  said  companions.  And  they  will  grind  the  grain  from 
the  said  demesnes  at  the  mill  of  the  Prior  in  the  same  way  as  it  is  ground 
from  the  lands  of  the  other  tenants. 

Mid-Merrington,  1371.  It  is  enjoined  on  all  the  cottars  and  labor- 
ers that  they  work  with  the  farmer  of  the  manor  for  suitable  wages 

Newton-Bewly,  1871.  William  Raynald  was  elected  to  the  office 
of  reeve,  and  was  sworn. 

Billingham,  1374.  Fealty  of  a  nativus  taken.  Robert,  son  of 
Eustace  Fristerlying  of  Hesilden,  nativus  of  the  lord  came  here  on 
Thursday,  the  feast  of  Pope  Clement,  A.  D.  '74,  in  the  presence  of  lord 
John  of  Beryngton,  Terrar,  Alan  of  Billingham,  John  of  Elvet, 
Hugh  of  Corbrigg,  and  several  other  tenants  of  Billingham,  Wolveston, 
Newton,  and  Coupon,  and  swore,  touching  the  sacred  gospels,  that  he 
will  be  under  the  jurisdiction  of  the  lord  Prior  and  Convent  of  Durham 
and  their  officers,  in  his  body  and  his  goods,  and  that  he  will  not  remove 
himself  from  their  land,  etc. 

Southwyk,  1374.  From  Robert  Smith  because  he  would  not  sit 
down  at  the  command  of  the  Steward.  Robert  Smith  took  one  holding 
which  was  last  in  the  tenure  of  William,  son  of  Henry,  to  have  aiid  hold 
for  the  term  of  his  life,  paying  yearly  for  all  things,  viz.  for  services 
and  other  different  things,  30s. 

East  Merrington,  1367.  It  is  reported  by  the  oath  of  ffourteen 
names)  in  the  presence  of  lord  Robert  of  Wallworth,  prior,  and  many 
others  that  Robert,  son  of  Nicolas,  who  now  is  called  Tomson  is  free  and 
of  free  condition  and  free  status,  and  not  a  nativus  of  the  said  lord  Prior. 

Ackley,  1376.  John  Tailor  has  come  and  taken  12  acres  of  land 
with  the  meadow  pertaining  to  the  said  12  acres  of  land,  lately  in  the 
tenure  of  William  Ibbi  and  leased  by  the  said  William  to  the  said  John 
with  the  license  of  the  prior ;  to  have  and  hold  for  the  term  of  his  life ; 
paying  annually  12s.  Fine  3s. 

Hesilden,  1376.  It  is  ordained  by  common  consent  that  all  things 
collected  within  the  field,  as  well  as  herbage,  be  carried  openly  through 
the  middle  of  the  vill  and  not  behind  the  gardens,  in  secret.  It  is 
enjoined  upon  all  the  women  of  the  vill  that  they  restrain  their  tongues 
and  that  they  do  not  quarrel  nor  swear  at  anyone. 


30  ,  TRANSLATIONS   AND    REPRINTS. 

Dalton,  1376.  From  Joanna,  wife  of  William  Smith,  for  merchet 
12(1.  From  Margaret,  servant  of  the  former,  for  leyr  with  two  men, 
12d.     From  the  wife  of  John  Dawson,  for  breaking  the  assize  of  ale  6d. 

Wolveston,  1376.  William  May,  nativus  of  the  lord  has  taken  30 
acres  of  land  with  the  crop;  viz.,  5  acres  of  wheat,  price  per  acre  10s.,  3 
acres  of  peas  and  beans  and  4  acres  of  oats  price  per  acre  5s.  The 
same  William  held  these  before  and  on  account  of  his  incapacity  they 
were  seized  into  the  hand  of  the  lord ;  to  have  and  to  hold  at  the  will  of 
the  lord,  paying  the  ancient  rent. 

Billingham,  1378.  It  is  ordained  by  common  consent  that  at  the 
blowing  of  the  horn  of  the  Reaper,  they  should  come  for  the  gathering 
of  the  peas,  and  when  he  blows  his  horn  again  they  all  withdraw  from 
the  said  peas,  under  penalty  of  6d.;  and  moreover  that  no  one  collect 
except  in  his  own  place,  unless  he  is  poor. 

West  Raynton,  1378.  A  day  is  give  to  that  vill  that  they  inquire 
and  present  whether  John  Hunting  and  Cecilia  his  wife  beat  Margaret 
the  widow  or  not,  at  the  next  court,  under  penalty  of  half  a  mark. 
From  John  Hunting  because  he  did  not  close  his  front,  so  that  his  ani- 
mals trampled  and  destroyed  the  cabbagas  of  Margaret  the  widow. 

Billingham,  1379.  It  is  ordained  by  common  consent  that  no  one 
in  the  time  of  harvest  should  have  in  the  day  time  more  that  one  horse 
in  the  grain,  for  carrying  his  food,  and  that  at  night  he  should  remove 
the  said  horse  from  the  grain,  under  penalty  of  4d.;  and  similarly  that 
no  one  carry  off  the  grain  of  another,  under  the  same  penalty. 

Monkton,  1379.  It  is  enjoined  upon  Thomas  Lame  that  because 
to  be  rebuilt  before  the  feast  of  St.  Michael,  a  barn  which  was  burned  in 
his  tenure,  under  penalty  of  40s. 

Pittyngton,  1379.  It  is  enjoined  upon  all  the  tenants  of  the 
vill  th^t  they  heat  up  the  oven,  each  one  of  them  when  his  turn  shall 
come,  under  penalty  of  paying  12d. 

East  Merrington,  1381.  It  is  ordained  by  common  consent  that 
each  tenant  should  keep  the  animals  when  his  turn  comes,  and  for  the 
day  in  which  he  has  their  custody,  he  should  respond  and  give  satisfaction 
for  injuries  made  in  the  grain  or  herbage' to  the  one  or  ones  who  have 
had  the  losses,  under  penalty  of  paying  4d. 

Fery,  1383.  It  is  enjoined  ujwn  all  the  tenants  of  the  vill  that 
they  should  have  boundary  marks,  under  penalty  of  half  a  mark,  and 
moreover  that  they  should  pay  the  common  shepherd  his  wages,  and  that 
they  should  not  speak  ill  to  the  said  shepherd,  under  penalty  of  40d. 


villain; 


MANUMISSION    OF    A    VILLKIN^  3 1 

IV.     THE     MANOR     HOUSE     AT     CHINGFORD,     ESSEX, 

A.  D.  1265. 

Hist.  Mss.  Commission  Reports  9.  i.  pp.  35-6 

The  manor  of  Chingford  was  granted  by  the  Chapter  of  St.  Paul's  Cathedral, 
London,  in  1265,  to  their  Treasurer  Robert  le  Moyne.  In  the  description  of  the 
manor  and  its  contents  the  receipt  of  which  he  acknowledged,  the  following  de- 
scription of  the  manor  buildings  is  given. 

He  received  also  a  sufficient  and  handsome  hall  well  ceiled  with 
oak.  On  the  western  side  is  a  worthy  bed,  on  the  ground,  a  stone  chim- 
ney, a  wardrobe  and  a  certain  other  small  chamber  ;  at  the  eastern  end 
is  a  pantry  and  a  buttery.  Between  the  hall  and  the  chapel  is  a  side- 
room.  There  is  a  decent  chapel  covered  with  tiles,  a  portable  altar,  and 
a  small  cross.  In  the  hall  are  four  tables  on  trestles.  There  are  likewise 
a  good  kitchen  well  covered  with  tiles,  with  a  furnace  and  ovens,  one 
large,  the  other  small,  for  cakes,  two  tables,  and  alongside  the  kitchen  a 
small  house  for  baking.  Also  a  new  granary  covered  with  oak  shingles, 
and  a  building  in  which  the  dairy  is  contained,  though  it  is  divided. 
Likewise  a  chamber  suited  for  clergymen  and  a  necessary  chamber. 
Also  a  hen-house.     These  are  within  the  inner  gate. 

Likewise  outside  of  that  gate  are  an  old  house  for  the  servants,  a 
good  stable,  long  and  divided,  and  to  the  east  of  the  principal  building, 
beyond  the  smaller  stable,  a  solar  for  the  use  of  the  servants.  Also  a 
building  in  which  is  contained  a  bed ;  also  two  barns,  one  for  wheat  and 
one  for  oats.  These  buildings  are  enclosed  with  a  moat,  a  wall,  and  a 
hedge.  Also  beyond  the  middle  gate  is  a  good  barn,  and  a  stable  for  cows 
and  another  for  oxen,  these  old  and  ruinous.  Also  beyond  the  outer  gate 
is  a  pigstye. 

V.     MANUMISSION  OF  A  VILLEIN. 

Dugdale's  Monasticon,  I,  394. 

To  all  the  faithful  of  Christ  to  whom  the  j)resent  writing  shall 
come,  Richard  by  the  divine  permission  abbot  of  Peterborough  and  the 
Convent  of  the  same  place,  eternal  greeting  in  the  Lord.  Let  all  know 
that  we  have  manumitted  and  liberated  from  nil  yrji^^j^f  sprvHtndft 
William,  the  son  of  Richard  of  Wythington  whom  previously  we  have 
held  as  our  born  bondman,  with  his  whole  progeny  and  all  his  chattels,  so 
that  neither  we  nor  our  successoi*s  shall  be  able  to  require  or  exact  an  y 
right  or  claim  in  the  said  William,  his  progeny,   or  his  chattels.      But 


/ 


32  TRANSLATIONS   AND   REPRINTS. 

T 
the  same  William  with  his  whole  progeny  and  all  his  chattels  will  re- 
main free  and  quit  and  without  disturbance,   exaction,  or  any  claim  on 
the  part  of  us  or  our  successors  by  reason   of  any  servitude,  forever. 
We  will  moreover   and  concede  that  he  and   his  heirs  shall  hold  the 
messuages,  land,  rents  and  meadows  in  Wythington  which  his  ancestors 
held  from   us  and  our  predecessors,  by  giving  and  performing  the  fine 
which  is  called  merchet  for  giving  his  daughter  in  marriage,  and  tallage 
from  year  to  year  according  to  our  will, — that  he  shall  have  and  hold 
these  for  the  future  from   us  and  our   successors  freely,  quietly,  peace- 
fully, and  hereditarily,  by  paying  thence  to  us  and  our  successors  yearly 
40s.  sterling,  at  the  four  terms  of  the  year,  namely ;  at  St.  John  the  Bap- 
tist's day,  10s.,  at   Michaelmas,  10s.,  at  Christmas,  10s.,  and  at  Easter, 
10s.,  for  all  service,  exaction,  custom,  and  secular  demand;  saving  to  us 
nevertheless  attendance  at  our  court  of  Castre  every  three  weeks,  ward- 
ship and  relief,  and  outside  service  of  our  lord  the  king,  when  they  shall 
happen.     And  if  it  shall  happen  that  the  said  William  or  his  heirs  shall 
die  at  any  time  without  an  heir,  the  said  messuage,  land,  rents,  and  mead- 
ows with  their  appurtenances  shall  return  fully  and  completely  to  us  and 
our  successors.     Nor  will  it  be  allowed  to  the  said  William  or  his  heirs 
the  said  messuage,  land,  rents,  meadows,  or  any  part  of  them  to  give,  sell, 
alienate,  mortgage,  or  in  any  way  encumber  by  which  the  said  messuage, 
land,  rents,  and  meadows  should  not  return  to  us  and  our  successors  in 
the  form  declared  above.     But  if  this  should  occur  later  their  deed  shall 
be  declared  null  and  what  is  thus  alienated  shall  come  to  us  and  our 
successors.     In  testimony  of  which  duplicate  seals  are  appended  to  this 
writing,  formed  as  a  chirograph,  for  the  sake  of  greater  security.     These 
being  witnesses,   etc.     Given  at   Borough  for  the  love  of  lord  Robert 
of  good  memory,  once  abbot,  our  predecessor  and  maternal  uncle  of  the 
said  William,  and  at  the  instance  of  the  good  man  brother  Hugh  of  Mut- 
ton, relative  of  the  said  abbot  Robert ;  A.  D.  1278,  on  the  eve  of  Pen- 
tecost. 


An  admirable  bibliography  of  manorial  documents  is  given  in  Miss  F.  G.  Dav- 
enport's **Classified  List  of  Printed  Original  Materials  for  English  Manorial  and 
Agrarian  History,"  prepared  under  the  supervision  of  Prof.  W.  J.  Ashley  of  Har- 
vard University,  and  published  by  that  University  as  Radcliflfe  College  Monographs, 
No.  6.  Numerous  references  are  also  given  in  Ashley^s  English  Economic  History, 
Vol.  I,  pp.  3-5. 


Translations  and  Reprints 

FROM   THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 


Vol.  III.         Statisticai.  Documents  of  the  Middi^e  Ages.         No.  2. 


TABLE  OF  CONTENTS. 

PAGE 

I.        Capitulary  "De  Villus"  OF  Charles  THE  Great,  .   .   .  2 

II.        Inventory  of  an  Estate  of  Charles  the  Great,  .   .  4 

III.  (a)  Instructions  for  Collection  of  Domesday  Returns,  6 
(b)  Extract  from  Domesday  Book,  County  of  Norfolk  6 

IV.  Levy  of  Troops  for  Wars  in  Bohemia,  1422,    ....  8 

V.       Resources  of  Venice,  1421, 11 

VI.        Memorandum  of  the  Povi^er  and  Revenues  of  the 

States  of  Europe  in  142 — , 14 

VII.       Taxes  of  the  Kingdom  of  Jerusalem, 19 


INTRODUCTION. 

The  German  publicist  von  Schlozer  writing  in  1804  said  that  "Statistics  is  his- 
tory standing  still,  history  statistics  in  motion."  Though  to-day  the  dictum  would 
be  rejected  by  both  historian  and  statistician,  it  remains  true  that  while  history  is 
mainly  occupied  in  describing  events,  statistics  is  chiefly  concerned  in  depicting  con- 
ditions. In  this  broad  sense,  therefore,  we  may  be  allowed  to  speak  of  statistical 
documents  in  the  middle  ages. 

It  is  readily  conceded  that  statistics  in  the  modern  sense  have  not  been  trans- 
mitted to  us  from  the  antique  or  mediaeval  civilization.  In  the  modem  sense  statis- 
tic means  to  us  a  comprehensive  inquiry  into  definite  facts  capable  of  expression  in 
numerical  terms,  within  a  well  defined  geographical  area  and  in  a  definite  period  of 
time.  Such  inquiries,  ranking  among  the  latest  products  of  a  highly  developed 
political  and  social  life  cannot  be  looked  for  in  a  period  of  nascent  civilization. 

The  carefully  organized  statistical  work  of  modern  governments  is  the  outgrowth 
of  a  long  developement  of  It  administrative  functios  and  is  intimately  bound  up 
with  the  latter.  Whenever  we  find  an  orderly  administration,  we  find  traces  of 
statistics.  For  without  records  such  administration  could  not  be  carried  out,  and 
it  is  only  a  question  of  arrangement,  whether  such  records  assume  a  statistical  form. 
We  can  therefore  find  in  the  middle  ages,  the  records  of  statistical  beginnings.     It 


2  TRANSLATIONS    AND    REPRINTS. 

is  with  such  beginnings  that  we  are  concerned  in  the  present  issue.  Statistically 
they  are  in  the  crudest  fonn  of  arrangement.  Their  historical  interest  in  giving  a 
glimpse  however  incomplete  of  the  time  to  which  they  relate,  may  serve  as  a  justifi- 
cation for  the  results,  which  from  the  standpoint  of  statistics  must  be  deemed  meagre 
in  the   extreme. 

The  documents  bearing  upon  the  history  of  statistics  which  the  middle  ages 
have  bequeathed  to  us,  may  be  classed  in  two  fairly  distinct  groups.  The  one  gives 
us  a  record  of  the  execution  of  various  administrative  measures  involving  statis- 
tic work,  and  sometimes  preserving  the  instructions  or  laws  upon  which  such  inquiries 
were  based.  The  second  gives  us  some  actual  results,  oftentimes  partial  in  their 
scope,  yet  indicative  of  the  conditions  which  the  measures  must  have  revealed. 

Historians  of  statistics  have  recorded  the  references  to  a  considerable  number 
of  administrative  undertakings  which  must  have  had  a  statistical  interest.  In  this 
issue  we  have  selected  a  few  illustrations  of  the  two  types  of  documents  above 
named.  The  following  extracts  have  been  taken  direct  from  the  original  documents. 
Especial  attention  is  directed  to  number  IV,  V,  and  VI,  which  present  a  very  striking 
Combination  of  information  from  different  sources,  relative  the  same  epoch.  Being 
separately  printed  the  importance  of  these  extracts  as  a  group  might  pass  unobserved. 

I.  ARTICLES  FROM  THE  CAPITULARY  *'  DE  VILLIS.  " 
Mon.  Ger.  Hist.  Legum  I,  185-186.  Latin. 
In  the  capitularies  of  Charles  the  great  the  high  administrative  ability  of 
that  ruler  is  clearly  manifested.  They  contain  several  ordinances  relating  to  the 
general  affairs  of  the  realm,  such  as  the  military  service,  which  indicate  the  existence 
of  a  fairly  compact  administrative  system.  The  capitulary  "de  Villis"  from  which 
a  few  extracts  are  given  relates  to  the  royal  domains.  The  first  section  quoted  may 
be  regarded  as  a  statistical  instruction  to  the  officials.  In  it  several  items,  men- 
tioned specifically  in  other  sections  are  not  enumerated.  They  are  added  to  show 
the  general  character  of  the  domains.  They  indicate,  that  the  section  62  is  merely 
a  general  instruction  and  is  not  intended  as  a  schedule.  The  whole  capitulary  of 
which  only  a  part  is  here  given  throws  an  interesting  light  upon  the  character  of  the 
royal  revenues  of  the  period.  In  this  translation  we  acknowledge  our  indebtedness  to 
the  scholarly  edition  of  the  **de  Villis"  by  Guerard,  in  Bibliotheque  de  L'Ecole  des 
Chartes.     In  dubious  passages  we  have  followed  the  interpretation  of  this  author. 

62.  That  each  steward  shall  make  an  annual  statement  of  all  our  in- 
come :  an  account  of  our  lands  cultivated  by  the  oxen  which  our  plough- 
men drive  and  of  our  lands  which  the  tenants  of  farms  ought  to  plough ; 
an  account  of  the  pigs,  of  the  rents,^  of  the  obligations  and  fines ;  of  the 
game  taken  in  our  forests  without  our  permission  ;  of  the  various  compo- 
sitions ;  of  the  mills,  of  the  forest,  of  the  fields,  of  the  bridges,  and  ships : 
of  the  free-men  and  the  hundreds  who  are  under  obligations  to  our  treas- 
ury ;  of  markets,  vineyards,  and  those  who  owe  wine  to  us ;  of  the  hay, 


^  Gu6rard  thinks  this  means  the  payment  for  the  right  to  keep  pigs  in  the  woods. 


CAPITULARY 

fire-wood,  torches,  planks,  and  other  kinds  of  lumber;  of  the  waste-lands; 
of  the  vegetables,  millet,  panic ;  of  the  wool,  flax,  and  hemp ;  of  the  fruits 
of  the  trees,  of  the  nut  trees,  larger  and  smaller ;  of  the  grafted  trees  of 
all  kinds;  of  the  gardens;  of  the  turnips;  of  the  fish-ponds;  of  the  hides, 
skins,  and  horns ;  of  the  honey,  wax ;  of  the  fat,  tallow  and  soap ;  of  the 
mulberry  wine,  cooked  wine,  mead,  vinegar,  beer,  wine  new  and  old ;  of 
the  new  grain  and  the  old ;  of  the  hens  and  eggs ;  of  the  geese ;  the  number 
of  fishermen,  smiths  [workei*s  in  metal],  sword-makei*s,  and  shoe-makers 
of  the  bins  and  boxes ;  of  the  turnei-s  and  saddlers ;  of  the  forges  and 
mines,  that  is  iron  and  other  mines;  of  the  lead  mines;  of  the  tributaries  ; 
of  the  colts  and  fillies  ;  they  shall  make  all  these  known  to  us,  set  forth 
separately  and  in  order,  at  Christmas,  in  order  that  we  may  know  what 
and  how  much  of  each  thing  we  have. 

22.  In  each  of  our  estates  our  stew  ards  are  to  have  as  many  cow- 
houses, piggeries,  sheep-folds,  stables  for  goats,  as  possible,  and  they 
ought  never  to  be  without  these.  And  let  them  have  in  addition  cows 
furnished  by  our  serfs  for  performing  their  service,  so  that  the  cow-houses 
and  plows  shall  be  in  no  way  weakened  by  the  service  on  our  demense. 
And  when  they  have  to  provide  meat,  let  them  have  steers  lame,  but 
healthy,  and  cows  and  horses  which  are  not  mangy,  or  other  beasts 
which  are  not  diseased  and,  as  we  have  said,  our  cow-houses  and  plows 
are  not  to  be  w^eakened  for  this. 

34.  They  must  provide  with  the  greatest  care,  that  whatever  is 
prepared  or  made  with  the  hands,  that  is,  lard,  smoked  meat,  salt  meat, 
partially  salted  meat,  wine,  vinegar,  mulberry  wine,  cooked  wine,  gmvis,  * 
mustard,  cheese,  butter,  malt,  beer,  mead,  honey,  wax,  flour,  all  should 
be  prepared  and  made  with  the  greatest  cleanliness. 

40.  That  each  steward  on  each  of  our  domains  shall  always  have, 
for  the  sake  of  ornament,  swans,  peacocks,  pheasants,  ducks,  pigeons, 
partridges,  turtle-doves. 

42.  That  in  each  of  our  estates,  the  chambei*s  shall  be  provided 
with  counterpanes,  cushions,  pillows,  bed-clothes,  coverings  for  the  tables 
and  benches ;  vessels  of  brass,  lead,  iron  and  wood;  andirons,  chains, 
pot-hooks,  adzes,  axes,  augers,  cutlasses  and  all  other  kinds  of  tools,  so 
that  it  shall  never  be  necessary  to  go  elsewhere  for  them,  or  to  borrow 
them.     And  the  weapons,  which  are  carried  against  the  enemy,  shall  be 


^A  kind  of  fermented  liquor. 


4  TRANSLATIONS    AND    KEl'RfNTS. 

well  cared  for,  so  as  to  keep  them  in  good  condition;  and  when  they  are 
brought  back  they  shall  be  placed  in  the  chamber. 

48.  For  our  women's  work  ihey  are  to  give  at  the  proj)er  time,  as 
has  been  ordered,  the  materials,  that  is  the  linen,  wool,  woad,  vermillion, 
madder,  wool-combs,  teasels,  soap,  grease,  vessels  and  the  other  obje'^t** 
which  are  necessary. 

44.  Of  the  food-])  rod  nets  other  than  meat,  two-thirds  shall  be  sent 
each  year  for  our  own  use,  that  is  of  the  vegetables,  fish,  cheese,  butter, 
honey,  mustard,  vinegar,  millet,  panic,  dried  and  green  herbs,  radishes, 
and  in  addition  of  the  wax,  soap  and  other  small  products ;  and  they 
tell  us  how  much  is  left  by  a  statement,  as  we  have  said  above;  and  they 
shall  not  neglect  this  as  in  the  past ;  because  from  those  two-thirds,  we 
wish  to  know  how  much  remains. 

45.  That  each  steward  shall  have  in  his  district  good  workmen, 
namely,  blacksmiths,  gold-smith,  silver-smith,  shoe-makers,  turners, 
carpentei*s,  sword-makers,  fishermen,  toilers,  soajMuakers,  men  who  know 
how  to  make  beer,  cider,  berry,  and  all  the  other  kinds  of  beverages, 
bakers  to  make  pastry  for  our  table,  net-makers  who  know  how  to  make 
nets  for  hunting,  fishing  and  fowling,  and  the  other  who  are  too  numer- 
ous to  be  designated. 

II.     INVENTOR  Y  OF  AN  EST  A  TE  OF  CHARLES  THE  ORE  A  T. 

Mon.  Ger.  Hist.  LL.  I,  pp.  178-179.      Latin. 

This  inventory  is  a  specimen  of  those  required  in  the  capitulary.  It  refers 
to  a  small  estate,  the  location  of  which  is  unknown.  Rude  domestic  and 
agricultural  conditions  are  clearly  reflected  in  this  account  of  an  estate  destined 
to  harbor  temporarily  the  royal  person  and  his  officers. 

We  found  in  the  domain  estate  of  Asnapium  a  royal  house  built  of 
stone  in  the  best  manner,  8  rooms ;  the  whole  house  surrounded  with 
balconies,  with  1 1  apartments  for  women ;  beneath  1  cellar  ;  2  porticoes ; 
17  other  houses  built  of  wood  within  the  court-yard  with  as  many  rooms 
and  other  appurtenances,  well  built;  1  stable,  1  kitchen,  1  mill,  1  grana- 
ry, 8  barns. 

The  yard  surrounded  carefully  with  a  hedge  and  stone  gateway 
and  above  a  balcony  from  which  to  make  distributions.  An  inner  yard, 
likewise  enclosed  within  a  hedge,  arranged  in  a  suitable  manner  planted 
with  various  kinds  of  trees. 

Vestments :  coverings  for  1  bed,  1  table  cloth,  1  towel. 

Utensils :  2  brass  kettles,  2  drinking  cups,  2  brass  cauldrons,  1 


AN    ESTATE   OF   CHARLES   THE    GREAT.  5 

iron  one,  1  frying-pay,  1  gramalmin,  1  pair  of  andirons,  1  lamp,  2 
hatchets,  1  chisel,  2  augers,  1  axe,  1  knife,  1  large  plane,  1  plane,  2 
scythes,  2  sickles,  2  spades  tipped  with  iron.  Enough  wooden  utensils 
for  use. 

Farm  produce :  old  spelt  from  last  year,  90  baskets  which  can  be 
made  into  450  weight  of  flour;  100  measures  of  barley.  From  the  pres- 
ent year,  110  baskets  of  spelt,  planted  60  baskets  from  the  same,  the  rest 
we  found  ;  100  measures  of  wheat,  60  sown,  the  rest  we  found  ;  98 
measures  of  rye  all  sown  ;  1800  measures  of  barley,  1100  sown,  the  rest 
we  found  ;  430  measures  of  oats,  1  measure  of  beans,  12  measures  of  peas 
At  the  5  mills,  800  measures,  small  measures.  At  the  4  breweries,  650 
measures,  small  measures,  240  given  to  the  prebendaries,  the  rest  we 
found.  At  the  2  bridges,  60  measures  of  salt  and  2  shillings.  At  the  4, 
gardens,  11  shillings.  Honey,  3  measures  ;  about  1  measure  of  butter  ; 
lard,  from  last  year  10  sides,  new  sides  200  with  fragments  and  fats, 
cheese  from  the  present  year  43  weights. 

Of  cattle ;  51  head  of  larger  cattle,  5  three-year  olds,  7  two-year- 
olds,  7  yearlings  ;  10  two-year-old  colts,  8  yearlings,  3  stallions;  16  cows; 

2  asses ;  50  cows  with  calves,  20  young  bullocks,  38  yearling  calves,  3 
bulls,  260  hogs,  100  pigs,  5  boars,  150  sheep  with  lambs,  200  yearling 
lambs,  120  rams,  30  goats  with  kids,  30  yearling  kids,  3  male  goats,  30 
geese,  80  chickens,  22  peacocks. 

Also  concerning  the  dependencies  which  pertain  to  the  above  man- 
sion.    In  the  villa  of  Grisio  we  found  domain  buildings,  where  there  are 

3  barns  and  a  yard  surrounded  by  a  hedge.  There  is  there  1  garden 
with  trees,  10  geese,  8  ducks,  30  chickens. 

In  another  villa.  We  found  domain  buildings  and  a  yard  sur- 
rounded by  a  hedge  and  within  3  barns,  1  arpent  of  vines,  1  garden 
with  trees,  15  geese,  20  chickens. 

In  a  third  villa,  domain  buildings.  It  has  2  barns,  1  granary,  1 
garden,  1  yard  well  enclosed  by  a  hedge. 

We  found  all  the  dry  and  liquid  measures  just  as  in  the  palace. 
We  did  not  find  any  goldsmiths,  silversmiths,  blacksmiths,  huntsmen  or 
persons  engaged  in  other  services. 

The  garden  herbs  which  we  found  were  lily,  putchuck,  mint,  par- 
sley, rue,  celery,  libesticum,  sage,  savory,  juniper,  leeks,  garlic,  tansy, 
wild  mint,  coriander,  scullions,  onions,  cabbage,  kohl-rabi,  betony. 
Trees:  pears,  apples,  medlars,  peaches,  filberts,  walnuts,  mulberries, 
quinces. 


6  TRAN8LATION8    AND    RKPRINT8. 

Ilia.     INSTRUCTIONS  FOR  COLLECTION  OF  THE  DOMESDA  Y 

RETURNS. 

Inquisitio  Elieiisis.     Domesday  Book  :  Additamenta,  p.  495.     Latin. 

The  first  approach  to  a  modern  assessment  roll  or  cataster  is  the  well  known 
Domesday  Book,  The  existing  literature  on  this  remarkable  memorial  is  so 
extensive,  that  it  has  not  appeared  advisable  to  quote  largely  from  it.  Our  first 
quotation  contains  the  instructions  issued  to  the  Commissioners  who  made  the 
record.  The  second  is  a  specimen  return.  There  is  a  wide  variety  in  the  returns, 
though  certain  factors  recur  constantly  in  each  statement.  The  survey  is  the  most 
extensive  document,  embracing  as  it  does  the  entire  area  of  England  held  by  the 
Conqueror,  which  we  possess  in  regard  to  mediaeval  times.  It  is  important  to 
note  how  the  feudal  power  as  founded  by  William  is  no  longer  dependent  like  the 
Empire  of  Charles  upon  the  personal  estates  the  crown,  but  brings  the  entire  land 
under  its  influence  through  the  feudals  dues,  and  thus  paves  the  way  for  the  modem 
state  founded  upon  the  obligations  of  all  its  citizens. 

Here  is  subscribed  the  inquisition  of  lands  as  the  barons  of  the  king 
have  made  inquiry  into  them  ;  that  is  to  say  by  the  oath  of  the  sheriff  of 
the  shire,  and  of  all  the  barons  and  their  Frenchmen,  and  the  whole 
hundred,  the  priests,  reeves,  and  six  villains  of  each  manor ;  then,  what 
the  manor  is  called,  who  held  it  in  the  time  of  king  Edward,  who  holds 
now  ;  how  many  hides,  how  many  plows  in  demesne,  how  many  belong- 
ing to  the  men,  how  many  villains,  how  many  cottars,  how  many  serfs, 
how  many  free-men,  how  many  socmen,  how  much  woods,  how  much 
meadow,  how  many  pastures,  how  many  mills,  how  many  fish-ponds,  how 
much  has  been  added  or  taken  away,  how  much  it  was  worth  altogether 
at  that  time,  and  how  much  now%  how  much  each  free  man  or  socman 
had  or  has.  All  this  threefold,  that  is  to  say  in  the  time  of  king 
Edward,  and  when  king  William  gave  it,  and  as  it  is  now  ;  and  whether 
more  can  be  had  than  is  had. 

Illb.     EXTRACT  FROM  DOMESDAY  SURVEY  OF  THF  COUNTY 

OF  NORFOLK. 
Domesday  Book,  Vol.  2,  pp  153-154.     Latin. 

The  land  of  Robert  Malet. 

Fredrebruge  Hundred  and  half.  Glorestorp.  Godwin,  a  freeman, 
held  it.  Two  carucates  of  land  in  the  time  of  king  Edward.  Then  and 
afterwards  8  villains ;  now  3.  Then  and  afterwards  3  bordars ;  now  5. 
At  all  times  3  serfs,  and  30  acres  of  meadow.  At  all  times  2  carucates 
in  demesne.     Then  half  a  carucate  of  the  men,  and  now.     Woods  for  8 


DOMESDAY  SURVEY,  NORFOLK.  7 

swiiie,  and  2  mills.  Here  are  located  18  socmen,  of  40  acres  of  land. 
When  it  wtis  received  there  were  2  r./  now  1.  At  all  times  8  swine, 
then  20  sheep,  and  it  is  worth  60  shillings. 

There  is  sitnated  there,  iu  addition,  one  berewick,  as  the  manor  of 
Henseda.  In  the  time  of  king  Edward,  1  carncate  of  land ;  then  and 
afterwards  7  villains,  now  5.  At  all  times  12  bordars,  and  8  serfs,  and 
40  acres  of  meadow;  1  mill.  Woods^for  16  swine  and  1  salt  pond  and 
a  half.  Then  1  r.,  and  now  and  14  swine,  80  sheep,  and  50  goats.  In 
this  berewick  are  located  8  socmen,  of  10  acres  of  land,  and  it  is  worth  80 
shillings.  The  two  manors  have  2  leagues  in  lengthand  4  firlongs  in 
breadth.  Whosoever  is  tenant  there,  returns  12  pence  of  the  twenty 
shillings  of  geld. 

Scerpham  Hundred  Culverstestun  Edric  held  it  in  the  time  of  king 
Edward.  Two  carucates  of  land.  At  all  times  there  were  4  villains, 
and  1  bordar,  and  4  serfs ;  5  acres  of  meadow  and  two  carucates  in  the 
demesne.  Then  and  afterwards  1  carucate,  now  one-half.  At  all  times 
1  mill  and  one  fish  pond.  Here  is  located  1  socman  of  the  king,  of  40 
acres  of  land ;  which  his  predecessors  held  only  as  commended  and  he 
claims  his  land  from  the  gift  of  the  king.  Then  and  afterwards  there 
was  one  carucate,  now  2  bovates,  and  2  acres  of  nieadow.  At  all  times 
two  ?\,  and  4  geese;  then  800  sheep,  now  800  less  12;  then  16  swine 
now  8.  Then  and  afterwards  it  was  worth  60  shillings,  now  80 ;  and 
there  could  be  one  plow.     Walter  of  Caen  holds  it  from  Robert. 

Heinstede  Hundred.  In  Sasilingaham  Edric,  the  predecessor  of 
Robert  Malet,  held  2  sokes  and  a  half,  of  66  acres  of  land,  now  Walter 
holds  them.  Then  9  bordars,  now  18.  At  all  timas  8  carucates  and  a 
half  among  all,  and  8  acres  of  meadow,  and  the  eighth  part  of  a  mill ; 
and  under  these  1  soke  of  6  acres  of  land.  At  all  times  half  a  carucate. 
Then  it  was  worth  80  shillings,  now  it  returns  50  shillings. 

In  Scotessa  Ulcetel  was  tenant,  a  free  man  commended  to  Edric,  in 
the  time  of  king  Edward  of  80  acres  of  land.  At  that  time  1  bordar, 
afterward  and  now  2.  Then  half  a  carucate,  none  afterward  nor  now. 
It  was  at  all  times  worth  5  shillings  and  4  pence; the  same. 


'  The  word  indicated  by  the  contraction  r  has  not  been  identified. 


8  TRANSLATIONS   AND   REPRINTS. 

IV.    LEVY  OF  TROOPS  FOR  WARS  IN  BOHEMIA,  J422. 

Deutsche  Reichstagsakten  Bd.  VIII  (1883)  pp.  157-165. 

Reprinted  in  Altmann  und  Bernheim  :  Ausgewahlte  Urkunden,  Second 

Ed.,  pp.  174-177.     German. 

The  levy  of  troops  for  the  Bohemian  wars  gives  us  a  picture  of  the  relative 
size  and  importance  of  the  various  powers  of  Germany  in  1422.  The  statisticians 
will  note  especially  the  concentration  of  power  in  the  Rhine  lands.  The  contin- 
gents to  be  furnished  by  the  cities,  afford  an  excellent  scale  of  the  relative  importance 
of  towns  in  the  epoch  concerned. 

(The  Electors).  Archbishops:  Mayence  50  with  swords,  Cologne 
40  with  swords.  Treves  40  with  swords.  The  count  Palatine  50  with 
swords.  Saxony  20  mounted  men-at-arms.  Brandenburg  50  with 
swords. 

The  Bishops:  The  archbishop  of  Magdeburg  30  swordsmen,  10 
archei-s.  Bishop  of  Hildesheim  5  swordsmen,  5  archers.  That  of  Wiirz- 
burg  20  swordsmen.  That  of  Bamberg  20  swordsmen.  That  of  Eich- 
stiitt  10  swordsmen.  That  of  Strassburg  10  swordsmen.  That  of  Con- 
stanz  8  sw^ordsmen.  That  of  Basle  2  swordsmen.  That  of  O^ire  2 
swordsmen.  That  of  Besancon  6  swordsmen.  That  of  Augsburg  2 
sw^ordsmen.  That  of  Metz  6  svVordsmen.  That  of  Toul  3  swordsmen. 
That  of  Verdun  6  swordsmen.  That  of  Lausanne  6  swordsmen.  That 
of  Speyer  8  swordsmen.  That  of  Worms  2  swordsmen.  That  of  Ver- 
den  3  swordsmen,  6  men-at-arms.  That  of  Schwerin  8  swordsmen,  8 
men-at-arms.  That  of  Halbei-stadt  6  swordsmen,  6  men-at-arms.  That 
of  Bremen  10  swordsmen,  10  men-at-arms.  That  of  Kammin  6  swords- 
men, 6  men-at-arms.  That  of  Regensburg  5  swordsmen.  That  of  Mun- 
ster  10  swordsmen. 

Dukes  and  lay  princes.  Duke  of  Lorraine  20  swordsmen.  Duke 
of  Bar  20  swordsmen.  Duke  of  Savoy  50  swordsmen.  Margrave  of 
Baden  10  swordsmen.  Landgrave  of  Hesse  20  swordsmen,  10  men-at- 
arms.  Duke  Otto  of  the  Leina  10  swordsmen,  10  men-at-arms.  Erich 
of  Brunsw^ick  5  swordsmen,  5  men-at-arms.  Duke  Otto  of  Hii-schberg 
5  swordsmen,  5  men-at-arms.  Bernhard  and  William  of  Brunswick 
with  their  cities  namely,  Brunswick  and  Liineburg,  10  swordsmen,  10 
men-at-arms.  John  of  Mecklenburg  10  swordsmen,  10  men-at-arms. 
Albrecht  of  Mecklenburg  10  swordsmen,  10  men-at-arms.  Children  of 
Duke  Ulrich  with  the  country  of  Stargardt  10  swordsmen,  10  men-at- 
arms.  Otto  and  Casimir  of  Stettin  20  swordsmen,  12  men-at-arms. 
Vladislaf  of  Wolgast  15  swordsmen,   12  men-at-arms.     Erich  of  Saxe- 


LEVY   OF   TROOPS    FOR   THE   WARS    IN    BOHEMIA.  9 

Lauenberg  8  swordsmen,  6  men-at-arms.  Louis  of  Ingoldstadt  in 
Bavaria  16  swordsmen.  Ernest  and  William  of  Bavaria  10  swords- 
men. Henry  of  Bavaria  20  swordsmen.  John  of  Bavaria  10  swords- 
men. Stephen  of  Bavaria  5  swordsmen.  Otto  of  Bavaria  5  swordsmen. 
Adolphus  of  Cleve  20  swordsmen.  Duke  of  Berg  6  spearsmen.  The 
bishop  of  Utrecht,  with  Deventer,  Kempten,  Zwolle,  and  Utrecht,  40 
swordsmen. 

Lords  and  counts  in  the  Netherlands.  The  duke  of  Jiilich,  and 
the  knights  of  Jiilich  and  Gueldei-s,  and  the  four  cities  of  Romunde, 
Nymwegen,  Arnheim  and  Zutphen  60  swordsmen.  The  three  cities, 
of  Brabant  100  swordsmen.  The  cities  of  Liege  100  swordsmen. 
Standard  bearers,  knights,  and  men  of  Holland  60  swordsmen.  Standard 
bearers,  knights,  and  men  of  Hainault,  the  cities  of  Hainault,  the  count 
of  Namurs  20  swordsmen.  Lords  and  knights  of  Flanders,  the  cities 
of  Flanders  20  swordsmen. 

Counts  and  lords.  Gerhard,  count  of  Mark  8  swordsmen 
William  count  of  Ravensburg  2  swordsmen.  Count  of  Teckelnburg  2 
swordsmen.  Count  of  Riedenburg  1  swordsman.  Lord  of  Lippe  2 
swordsmen.  Lord  of  Dippoldswald  1  swordsman.  Count  of  Bentheim 
1  swordsman.  Count  of  Schaumburg  1  swordsman.  Count  of  Olden- 
burg 1  swordsman.  Frederick  and  William  of  Henneberg  4  swordsmen, 
Count  of  Rheineck  2  swordsmen.  Count  of  Kastel  2  swordsmen.  Count 
of  Hohenlohe  2  swordsmen.  Count  of  Weinsberg  2  swordsmen.  Count 
of  Heideck  1  swordsman.  Otto  Erich  of  the  Heust  6  swordmen.  Count 
of  Wurttend)erg  20  swordsmen.  Count  of  Schauen  15  swordsmen. 
Margrave  of  Rotelen  3  swordsmen.  Margrave  of  Toggenburg  5  swords- 
men. Conrad  of  Freiburg  5  swordsmen.  Hugo  master  of  the  Order 
of  St.  John  10  swordsmen.  Christopher  of  Wenden  6  swordsmen,  6 
men-at-arms.  Albrecht  and  George  of  Anhalt  5  swordsmen,  5  men-at- 
arms.  Bern  hard  of  Anhalt  4  swordsmen,  4  men-at-arms.  Bernhard  of 
Rheimstein,  3  swordsmen,  3  men-at-arms.  Count  of  Wernigerode  4 
swordsmen,  4  archei*s.  Emich  of  Leinigen  8  swordsmen.  Frederick  of 
Leinigen  2  swordsmen.  Philipp  of  Nassau  4  swordsmen.  JohnofSpon- 
heim  5  swordsmen.  Frederick  of  Veldenz  8  swordsmen.  John  and  Fred- 
erick, counts  of  the  Rhine  2  swordsmen.  Philipp  and  Emich,  lords 
of  Oberstein,  2  swordsmen.  Lord  of  Hohenfels  1  swordsman.  Nicholas 
Vogt  of  Honolstein  1  swordsmen.  John  of  Katzenellenbogen  8  swords- 
men. Adolphus  of  Nassau  2  swordsmen.  William  of  Wied  3  swords- 
men.    Philipp  and  Salentin  lord  of  Ysenburg  3  swordsmen.     John  of 


lO  TRANSLATIONS    AND    REPRINTS. 

Wied,  Reiiihard,  lord  of  Westerburg  2  swordsmen.  Dietrick,  lord  of 
Ruiikel  1  swordsman.  John  and  Henry,  counts  of  Nassau  lord  of  Bil- 
stein  2  swordmen.  Bernhard  and  John  brothel's,  count  S(jlms  8  swords- 
men. John  of  Wittgenstein  1  swordsman.  Rupert  of  Virneburg  2 
swordsmen.  Gottfried  Eberhard,  lord  of  E})pstein  4  swordsmen.  Rein- 
hard,  lord  of  Hanau  3  swordsmen.  Dieter,  lord  of  Biidegen  8  swords- 
men. Michael  of  Wertheim  1  swordsman.  William  of  Eberstein  1 
swordsman.  Lords  of  Arbergen  3  swordsmen.  William  of  Blanken- 
stein  1  swordsman.  John,  lord  of  Schleiden  1  swordsman.  Frederick 
ofMoers  4  swordsmen.  John,  lord  of  Heimsberg  4  swordsmen.  Wal- 
rave  of  Moers  1  swordsman.  William  Craft,  lord  of  Saffenburg  1 
swordsman.  John,  lord  of  Rodemachern  2  swordsmen.  John  and 
Gottfried,  lord  of  Ziegenhain  2  swordsmen.  Henry  of  Waldeck,  and 
the  others  of  Waldeck  4  swordsmen.  John  Henry  of  Vinstigen  2 
swordsmen.  The  lord  of  Wibelkobeu  1  swordsman.  Schenk  Eber- 
hard, Schenk  Gonrad  and  Schenk  Conrad  the  younger,  of  Ehrenpach 

3  swordsmen.  Conrad,  lord  of  Bickenbach  1  swordsman.  The  lord 
of  Neuenahr  1  swordsman.  Eberhard  of  Lineburg,  lord  of  Harten- 
burg  2  swordsmen.  Count  of  Limburg  1  sw^ordsman.  The  lord  of 
Harn  2  swordsmen.  John  of  Saarwerden  1  swordsman.  The  Brothers 
of  Bitsch  1  swordsman.     Count  of  Salm  1  swordsman. 

The  Abbots.  The  abbot  of  Fulda  6  swordsmen.  The  abbot  of 
Weissenburg  2  swordsmen.  The  abbot  of  Zelle  1  swordsmen.  The 
abbot  01  Miirbach  3  swordsmen.  The  abbot  of  Maulbronn  5  swords- 
men. The  abbot  of  Einsiedeln  2  swordsmen.  The  abbot  of  Bieben- 
hausen  3  swordsmen.  The  abbot  of  Salem  5  swordsmen.  The  abbot 
Alb  2  swordsmen.  The  abbot  of  Kemptem  2  swordsmen.  The  abbot 
of  Schaffhausen  2  swordsmen.  The  abbot  of  Petershausen  2  swords- 
men.    The  abbot  of  Kinzing  2  swordsmen.     The  abbot  of  Weingarten 

4  swordsmen.  The  abbot  of  Elchingen  2  swordsmen.  The  abbot  of 
St.  Blasien  2  swordsmen.  The  abbot  of  Balbeuren  2  swordsmen.  The 
abbot  of  Zwiefalten  2  swordsmen.  The  abbot  of  Isni  1  swordsman. 
The  abbot  of  Saint  George  1  swordsman.  The  abbot  of  Saint  John  1 
swordsman.  The  abbot  of  PfaefFers  1  swordsman.  The  abbot  of 
Konigsbriinn  1  swordsman.     Prior  of  Schussenried  2  swordsmen. 

The  cities.  The  confederates  of  Berne,  Lucerne,  Zurich,  Freiburg 
in  Vaud  250  horse.  Constance,  Lindau,  Buchhorn,  Ravensburg,  Ueber- 
lingen,  Zelle  am  Unter  See,  Diessenhofen,  50  swordsmen  and  200 
mounted    men.      Schaffhausen,    Waldshut,     Lauffenberg,    Siickingen, 


RESOURCES   OF    VENICE.  II 

Rheinfelden,  Winterthiir,  Rapperswil,  Fraiienfeld  26  men-at-arms. 
Kempten,  Isny,  Wangeu,  Leutkirch,  Memmiiigen,  Augshurg,  Biber- 
ach,  Pfulleiidorf,  Kaiif  beureii,  Ulm,  Gieiigeu,  Nordlingeii,  Bopfmgeii, 
Aalen,  Gmiiiid,  Diinkelsbiihl,  Essliugeu,  Reutlingeii  Rottweil,  Weil, 
Buchau,  100  swordsmen  and  100  men-at-arms.  Halle  12  swordsmen 
and  12  men-at-arms.  Heilbronn,  Wimpfen  Weinsberg  24  mounted 
men  armed.  Basle  16  swordsmen.  Strassburg  Muhlhausen,  Colmar, 
Miinster  in  St.  Gregorienthal,  Kaisersberg,  Diirkheim,  Schlettstadt, 
Oberehnheim,  Roshein,  Hagenau,  Weissenburg,  30  swordsmen.  Frei- 
burg, Neuenberg  Breisach,  Kenzingen  Endingen  10  swordsmen.  Ver- 
den  10  swordsmen.  Kaufmansarburg  3  swordsmen.  Treves  4  swords- 
men. Metz  20  swordsmen.  Toul  10  swordsmen.  Speyer  Worms  and 
Mayence  24  swordsmen.  Cologne,  Aix  la  Chapelle  30  swordsmen. 
Dortmund  6  swordsmen.  Frankfort  15  swordsmen.  Fried  berg  2  swords- 
men. Gelnhausen  3  swordsmen.  Wetzlar  2  swordsmen.  Nuremberg 
30  swordsmen,  30  men-at-arms.  Rothenburg  12  swordsmen,  12  men- 
at-arms.  Windsheim  6  swordsmen,  6  men-at-arms.  Weissenburg  in 
Franconia  5  swordsmen,  5  men-at-arms.  Schweinfurt  5  swordsmen,  5 
men-at-arms.  Regensburg  15  swordsmen,  15  men-at-arms.  Liibeck  30 
swordsmen,  30  men-at-arms.  Hamburg  15  swordsmen,  15  men-at-arms. 
Muhlhausen  [Saxony]  3  swordsmen,  6  men-at-arms.  Nordhausen  15 
swordsmen,  10  men-at-arms.  Aschesleben  10  swordsmen,  6  men-at-arms. 
Halberstadt  10  swordsmen,  10  men-at-arms.  Quedlinburg  10  swords- 
men, 10  men-at-arms.  Sura  total,  754  swordsmen  and  777  mounted 
horse  from  the  cities. 

V.     RESOURCES  OF  VENICE. 

From  the  speech  of  Thomas  Mocemgo  hi  1421. 

Muratori,  Ker.  Ital.  Script.  XXII,  952-954.  Italian. 
The  speech  of  Mocenigo  was  made  on  the  occasion  of  a  visit  to  Venice 
of  a  Florentine  embassy  for  the  purpose  of  securing  the  alliance  of  Venice  in  the 
struggle  with  the  duke  of  Milan.  The  war  party  in  Venice,  was  led  Francesco 
Foscari,  to  whom  this  speech  is  especially  addressed.  The  advantage  of  peace 
which  Venice  had  so  long  enjoyed  and  to  which  she  owed  so  much  of  her  prosperity 
are  detailed  at  length  by  the  Doge  Mocenigo.  In  the  passage  here  quoted  especial 
reference  is  made  to  the  commerce  of  Venice.  While  the  figures  are  all  in  round 
numbers  and  not  always  consistent  (the  text  of  the  original  is  carefully  followed) 
yet  they  must  be  regarded  as  valuable  approximation  by* one  well  fitted  to  form  an 
estimate.  It  is  rather  the  character  than  the  amount  of  the  commerce  which  will 
fasten  the  attention  of  the  reader.  Venice  was  at  the  time  the  great  emporium  of 
the  Orient.  It  on  its  part  distributed  the  textiles  enumerated  as  coming  from  the 
interior  to  the  various  centres  of  trade  in  the  East. 


12  TRANSLATIONS    AND    REPRINTS. 

Signor  Francesco  Foscari,  youthful  Procurator,  if  you  are  able  to 
reply  to  these  questions,  reassure  the  Council  by  taking  up  this  one  which 
I  propose  to  you.  If  you  found  in  Venice  a  garden  in  such  a  condi- 
tion that  it  produced  enough  grain  every  year  to  furnish  sustenance  to 
500  pej*sons,  and  that  besides  there  were  many  bushels  to  be  sold ;  that 
the  garden  produced  so  much  wine,  that  it  furnished  sustenance  to  500 
persons,  and  that  there  were  besides  many  measures  to  be  sold ;  and  that 
it  produced  every  sort  of  oats  and  vegetables  of  considerable  value,  and 
that  the  garden  produced  moreover  every  sort  of  fruit  so  that  500  per- 
sons might  live  from  it  every  year,  and  that  there  should  be  some  for 
sale ;  that  the  garden  produced  every  year  beeves,  sheep,  kids,  and  birds  of 
all  sorts  which  might  furnish  sustenance  for  500  persons,  yet  so  that 
some  should  remain  for  sale  ;  and  that  the  said  garden  produced  so  much 
cheese  and  eggs  that  it  might  furnish  sustenance  to  500  j^ersons,  yet  so 
that  some  should  remain  for  sale ;  and  that  the  garden  produced  so  much 
fish  of  all  sorts  for  the  sustenance  of  500  persons,  and  that  besides  this 
fish  could  be  sold  for  a  considerable  nundoer  of  ducats:  it  would  be 
agreed  that  such  a  garden  was  most  noble,  producing  so  many  things, 
not  only  furnishing  goods  for  the  support  of  500  persons,  but  also  goods 
for  sale  for  500  ducats,  the  said  garden  requiring  no  cost  for  its  main- 
tenance. And  one  morning  some  one  should  say  to  you :  ''Signor  Fran- 
cesco your  enemies  have  gone  to  the  Piazza  to  take  500  sailors  and  havejjaid 
them  to  enter  your  garden  :  they  bear  500  scythes  to  destroy  the  trees  and  the 
vines,  also  100  villains  with  100  pairs  of  oxen  and  100  ploughs,  paid  by  your 
enemies,  to  destroy  all  the  plants  which  are  in  the  said  garden,  to  destroy 
all  the  animals  great  and  small  which  are  in  the  said  garden,"  if  you 
were  wise,  you  would  not  suffer  that  your  garden  should  be  destroyed. 
You  would  go  to  your  strong  box  and  take  enough  gold  to  hire  1000 
men  to  resist  those  who  wish  to  destroy  the  said  garden.  If  you  should 
pay,  Signor  Francesco,  these  500  men  with  scythes  and  100  villains  with 
ploughs  for  destroying  the  said  garden  it  w^ould  be  said  that  you  had  gone 
crazy.  Let  us  examine  if  we  are  in  such  a  position.  We  have  planned 
to  comprehend  all  the  commerce  which  Venice  at  present  conducts,  which 
we  have  known.  We  will  say  of  the  Milanese  merchants  and  of  the 
exchange  banks  which  confirm  this,  that  there  comes  every  week  from 
Milan  17,000  to  18,000  ducats  which  enter  into  this  city,  making  every 
year  the  sum  of  900,000.  From  Monza  1000  ducats  every  week, 
amounting  annually  to  56,000  ducats.  From  Como  2000  ducats  every 
week,  amounting  annually  to  104,000  ducats.     From  Alessandria  della 


RESOURCES   OF    VENICE.  1 3 

Paglia  1000  ducats  every  week,  amounting  annually  to  56,000  ducats. 
From  Tortoua  and  Novara  2000  ducats  every  week,  amounting  annually 
.to  104,000  ducats.  From  Favia  2000  ducats  every  week,  amounting 
annually  to  104,000  ducats.  From  Cremona  2000  ducats  every  week, 
amounting  annually  to  104,000  ducats.  From  Bergamo  1500  ducats 
every  week,  amounting  annually  to  78,000  ducats.  From  Parma 
2,000  ducats  every  week,  amounting  to  104,000  ducats.  From  Pia- 
cenza  1,000  ducats  every  week,  amounting  to  52,000  ducats. 

All  these  things  the  banks  affirm  to  be  thus  on  the  average,  that 
there  is  introduced  from  the  countries  of  the  duke  of  Milan,  annually 
1,612,000  ducats  of  gold.  Does  it  not  appear  that  this  is  a  beautiful  and 
most  noble  garden  which  Venice  posesses  without  cost?  Alessandria 
del  la  Paglia,  Tortona  and  Novara,  place  there  6000  pieces  of  cloth  per 
year  at  15  ducats  the  piece,  amounting  to  90,000  ducats.  Pa  via  places 
3000  pieces  of  cloth  at  15  ducats  the  piece,  which  is  45,000  ducats. 
Milan  places  4000  pieces  of  fine  cloth  at  30  ducats  the  piece,  which  is 
120,000  ducats.  Como  12,000  pieces  at  15  ducats  the  piece,  which 
amounts  to  180,000  ducats.  Monza  6000  pieces  at  15  ducats  the  piece, 
which  amounts  to  90,000  ducats.  Brescia  5000  pieces  at  15  ducats  the 
piece,  which  amounts  to  75,000  ducats.  Bergamo  10,000  pieces  at  7 
ducats  the  piece,  which  amounts  to  70,000  ducats.  Cremona  places  40, 
000  fustians,  at  40  and  a  quarter  the  piece,  which  amounts  to  170,000. 
Parma  4000  pieces  at  15  ducats  the  piece,  which  is  60,000  ducats.  This 
amounts  in  all  to  90,000  pieces  which  makes  900,000  ducats.  And  w^e 
have  revenues  from  the  lands  of  Lombardy  at  one  ducat  per  piece, 
200,000  duoats,  which  with  this  and  with  the  goods  amounts  to  28,800, 
000  ducats.  Does  it  not  appear  that  this  is  the  most  beautiful  garden 
of  Venice?  Of  these  things  which  the  Lombards  carry  away  from  you 
every  year  the  first  is  cotton  5000  M.  ^  for  250,000  ducats,  thread  20, 
000  M.  at  from  15  to  20  ducats  the  hundred  making  30,000  ducats. 
Catalonian  wool  at  60  ducats  per  M.  for  4000  M.,  120,000  ducats. 
French  wool  at  300  du(;ats  per  M.  for  40  M.,  making  120,000  ducats. 
Cloth  of  gold  and  of  silk  per  year  for  250,000  ducats.  3000  cargoes  of 
pepper  at  100  ducats  make  300,000  ducats.  Cinnamon  400  loads  at  160 
ducats  per  load,  64,000  ducats.  Ginger  200  M.  at  40  ducats  per  M., 
80,000  ducats.  Sugar  of  one  boiling,  of  two  and  of  three,  estimated  at 
15  ducats  the  hundred,  95,000  ducats.     Green  ginger  for  several  thou- 


'The  original  has  tnigliaja  "thousands"  for  which  we  use  the  abbreviation. 


14  .  TRANSLATIONS    AND    REPRINTS. 

sands  of  ducats.  Other  things  of  all  sorts  for  several  thousands  of 
ducats,  for  embroidery  and  sewing  30,000  ducats.  Dyes  4000  M.  at 
30  ducats  per  M.  per  hundral,  120,000  ducats.  Emlaclii  and  grain* 
for  50,000  ducats.  Now  in  the  way  of  making  an  estimate  for  all  it  will 
be  seen  to  be  28,000,000  ducats.  And  this  is  a  beautiful  garden  for 
Venice  without  cost.  Soap  for  250,000  ducats,  slaves  for  30,000,  and 
considerable  salted  goods  which  are  sold  every  year.  And  all  this  draft 
which  the  said  Lombadry  makes  upon  these  lands  is  a  reason  to  navigate 
so  many  ships  in  Syria,  so  many  galleys  in  Romania,  so  many  in  Cata- 
lonia, so  many  in  Flanders,  in  Cyprus,  in  Sicily,  and  in  other  parts  of 
the  world,  by  me^nsof  which  Venice  receives  dues  and  freights,  three,  two, 
and  a  half  per  cent.  Sanserif  and  Tintoi'i ;  freights  of  vessels  and  galleys 
weighers,  porters,  bargemen,  sailors,  rowers  and  captains,  with  the  profits 
of  merchants  in  the  ventures,  which  gives  a  sum  of  600,000  ducats  to  us 
of  Venice  without  cost.  From  such  profits  many  thousand  persons  live 
on  the  fat  of  the  land.  And  is  this  a  garden  which  we  ought  to  undo? 
In  truth  no.  But  it  is  to  be  defended  against  any  who  wish  to  desolate 
it 

VI.     MEMORANDUM  OF  THE  POWER  AND  REVENUES  OF 
THE  ST  A  TES  OF  EUROPE  IN  142- 
Note  to  Life  of  Mocenigo. 
Muratori.  Script,  rer.     Ital.  XXII,  pp.  960  et  seq.     Italian. 

The  memorandum  here  quoted  is  by  an  unknown  hand.  It  was  affixed 
to  the  document  from  which  Muratori  derives  his  information  before  1450.  It  may  be 
regarded  in  the  light  of  a  contemporary  estimate  of  the  relative  strength  of  European 
nations.  The  excellent  system  of  reports  by  which  the  Venetian  ambassadors 
kept  the  home  government  informed  as  to  the  doings  of  foreign  powers  is  a  guaranty 
that  the  statement  represents  the  best  available  information.  The  section  relating 
to  Venice  naturally  assumes  a  higher  degree  ot  probability.  While  in  some  respects 
it  is  vague  and  indefinite  it  yet  gives  us  an  excellent  idea  of  the  budget  of  receipts 
of  that  commonwealth. 

Income  of  all  the  Christian  powers  and  what  they  are  able  to  do. 
The  king  of  France  with  all  his  force  and  the  feudal  services  of  princes, 
dukes,  marquises,  counts,  barons,  knights,  bishops,  abbots,  canons, 
priests,  and  citizens,  can  in  his  own  country  raise  30,000  horsemen  skilled 
in  arms.  If  desiring  to  send  them  out  of  the  country  the  said  realm 
could  not,  since  the  costs  would  be  doubled,  send  more  than  15,000  horse. 
Before  the  war  with  their  own  countrymen,  it  could  have  raised  100,000, 
for  that  war  destroyed  both  Church  and  revenues.     In  the  total  there- 


EUROPEAN    STATES    IN     1 42 .  1 5 

fore  15,000  horse.  The  king  of  Eiighind  with  the  power  of  his  rev- 
enues, and  the  feudal  services  of  princes  and  others  as  above  could,  pay- 
^ing  them  every  month,  raise  at  home  30,000  horsemen  skilled  in  arms. 
In  making  the  test  of  war  these  powders  are  equal.  They  have  always  been 
powerful  in  their  undertakings.  And  if  one  of  these  forces  had  been 
greater  than  the  other,  one  would  have  been  destroyed.  The  English 
were  overcome,  after  the  division  occurred  in  England,  and  they  could 
not  make  provision  for  their  forces.  This  was  before  1414.  They 
had  40,000  horse.  Wars  have  weakened  these  countries,  their  men  and 
their  revenues,  so  that  now  wishing  to  send  a  force  out  of  the  country  it 
is  agreed  that  they  have  the  half,  i.  e.,  15,000  horsemen.  The  king  of 
Scotland  who  is  lord  of  a  great  country,  and  of  a  people  of  so  great 
poverty  that  he  would  not  be  able  to  maintain  with  his  revenues  and  the 
taxes  and  dues  of  the  clergy  and  laity,  10,000  horsemen  skilled  in  arms 
in  his  own  country ;  outside  of  the  country  on  account  of  the  great  cost, 
5000  horse.  The  king  of  Norway  who  is  lord  of  a  great  country,  and  a 
people  equally  poor  could  not  maintain  at  home  with  his  revenues  and 
the  taxes  and  dues  of  clergy  and  laity  10,000  horemen  skilled  in  arms, 
abroad  5000  horse.  The  king  of  Spain  with  all  his  revenues  and  feu- 
dal dues  of  clergy  and  laity,  with  all  his  forces  30,000  horsemen  skilled 
in  arms.  In  1414  he  paid  for  20,000.  Wishing  to  maintain  them  out 
of  the  country  at  double  cost  they  w^ould  be  15,000  horsemen.  The 
king  of  Portugal  with  all  his  revenues  from  clergy  and  laity,  with  all 
his  force,  would  have,  if  he  paid  every  month,  at  home  6000  horsemen 
skilled  in  arms,  abroad  3000  horse.  The  king  of  Brittany  with  all  his 
revenues  and  feudal  dues  of  clergy  and  laity,  paying  every  month, 
could  maintain  at  home  8000  horsemen  skilled  in  arms,  abroad  4000. 
The  master  of  St.  James  with  all  his  force  of  men  skilled  in  arms,  at 
home  4000  horsemen,  abroad  2000.  The  duke  of  Burgundy  with  all 
his  force  as  above  at  home  3000  cavalry.  In  1414  he  held  1000. 
But  war  has  destroyed  the  country.  Abroad  5000  men.  The  king 
Rene  [of  Provence]  with  all  his  revenues  would  be  able  to  raise  at  home 
6000  horse,  abroad  3000.  The  duke  of  Savoy  with  all  his  revenues 
would  be  able  to  raise  at  home  8000  horse,  abroad  4000.  The  mar- 
quis of  Montferrat  would  be  able  to  hold  2000  horse  at  home,  1000 
abroad.  The  count  Francesco  Sforza,  duke  of  Milan,  with  all  his 
force  could  hold  as  mercenaries  10,000  horse  at  home  and  5000  abroad. 
The  signory  of  Venice  can,  with  all  its  force  pay  for  10,000  horsemen 
skilled  in  arms  at  home,  and  5000  abroad.     The  marquis  of  Ferrara  at 


1 6  TRANSLATIONS    AND    REPRINTS. 

home  2000  horsemen,  abroad  1000.  The  marquis  of  Mantua,  at 
home  2000,  abroad  1000.  The  signory  of  Bologna  2000  at  home,  1000 
abroad.  The  community  of  Siena  at  home  2000,  abroad  1000.  The 
Signory  of  Florence  with  all  its  revenues  of  1414  could  place  1000. 
At  present  through  the  wars  it  can  place  4000  horsemen  at  home  and 
2000  abroad. 

The  Pope  with  all  his  revenues  of  his  States  of  the  Church,  and  with 
the  profits  of  churches  which  he   receives,  was  able  in  1414  to  raise 
8000  horsemen ;  at  present  at  home  6000  horsemen,  abroad  3000.    The 
king  of  Aragon  in  the  Realm  of  Naples  can  raise  with  all  his  revenues 
12,000  horsemen  at  home  and  6000  abroad.     The  princes  of  the  Realm 
are  able  with  all  their  revenues  to  raise  4000  horsemen  at  home,  2000 
abroad.     The  Community  of  Genoa  were  able  in   1414  to  maintain 
5000  horsemen.      But  through  their  present  dissension  and  the  wars 
they  are  only  able  to  maintain  at  present  2000.     The  Barcelonians  with 
all   the   community  and  the  lord   of  Catalonia,  counting  citizens  and 
knights,  can  at  home  paying  every  month  maintain  12,000  horsemen, 
and  abroad  6000.     All  Germany  with  the  lords  temporal  and  spiritual, 
the  free  and  the  other  cities,  north  and  south  Germany,  and  the  Emperor 
who  is  German,  can  raise  with  all  their  resources  and  revenues  60,000 
horsemen  at  home  and  30,000  abroad.     The  king  of  Hungary,  with  all 
the  dukes,  lords,   princes,   barons,   prelates,   clergy  and  laity,   and  with 
all  his  resources  and    revenues  can  raise  at  home  80,000  horsemen, 
abroad  40,000.     The  grand  master  of  Prussia  with  all  his  revenues, 
30,000  horsemen.     In  1414  he  had  50,000.     But  war  has  weakened 
him.      Abroad    15,000   horsemen.     The  king  of  Poland  with  all  his 
revenues  with  dukes  marquises  barons,  cities  and  boroughs  can  raise 
at  home  50,000  horsemen,  abroad  25,000.     The  Wallachians  with  all 
their  revenues  and  feudal  service,  at  home  20,000  horsemen,  abroad 
10,000.     Morea  with  its  resources  of  1414  could  raise   50,000  horse- 
men.    War  has  weakened  them.     At  present  at  home  20,000,  abroad 
10,000.      All    Albania,   Croatia,  Slavonia,  Servia,  Russia  and  Bosnia 
with  all  their  revenues  at  home  30,000,  abroad  15,000.     The  king  of 
Cyprus   with  all  his  revenues  can  raise  in  the  Island  2000,    abroad 
1000.     The  duke  of  Nicae  in  the  Archipelago  with  all  his  power  can 
pay  for  2000  horsemen  at  home,  1000  abroad.     The  grand  master  of 
Rhodes  with  all  his  revenues  and  feudal  dues  of  his  liegemen,  clergy 
and  laity  of  the  island,  would  be  able  to  raise  4000  horsemen  at  home, 
2000  abroad.     The   lord  of  Mitylene  2000   horsemen,    abroad   1000. 


EUROPEAN    STATES    IN    1 42 — .  1 7 

The  emperor  of  Trebizonde  with  all  his  jwwer  could  raise  at  home  25, 
000  horsemen,  abroad  15,000.  The  king  of  Georgia  with  his  revenues 
of  1414  raised  80,000  horsemen.  At  present  he  can  raise  at  home  10,000 
hoi'semen,  abroad  5000.  The  emperor  of  Constantinople  can  only 
raise  *  *  *  .  Power  of  the  Infidel  Monarchs.  The  Turk  can  in  all 
his  dominions  raise  40,000  horsemen,  valiant  men  to  defend  him  against 
the  Christians.  The  Cararaan  with  all  his  power  can  raise  at  home  60, 
000  horsemen,  abroad  30,000.  Ussun  Cassan  with  all  his  power  can 
raise  at  home  20,000  horsemen  in  the  service  of  Mahomet,  abroad  10, 
000.  The  Caraifan  with  all  his  resources  at  home  20,000,  abroad  10, 
000.  Tamerlane  with  all  his  Tartar  power  can  raise  at  home  1,000, 
000  horsemen  abroad  500,000.  The  king  of  Tunis,  of  Granada  and  the 
other  cities  of  Barbary  who  have  galleys  and  boats  to  the  injury  of 
Christians,  at  home  are  100,000  horsemen  abroad,  50,000. 

Revenues  of  some  Christian  princes  in  the  year  1423.  The  king 
of  France  in  the  year  1414  had  2,000,000  ducats  ordinary  revenues. 
But  the  wars  which  have  continued  for  forty  years  have  reduced  the 
ordinary  revenues  to  1,000,000  ducats.  The  king  of  England  had  2, 
000,000  ducats  ordinary  revenue.  The  continued  wars  have  desolated 
the  island.  At  the  present  time  he  has  700,000  ducats  revenue.  The 
king  of  Spain  had  in  1410,  3,000,000  ducats  ordinary  revenue,  but  the 
continued  wars  have  reduced  it  to  800,000  ducats.  The  king  of  Portu- 
gal had  in  1410,  200,000  ducats  revenue.  By  the  wars  it  is  reduced 
to  140,000  ducats.  The  king  of  Brittany  in  1414  had  200,000  ducats 
revenue.  By  the  wars  it  is  reduced  to  140,000  ducats.  The  duke  of 
Burgundy  had  in  1400,  3,000,000  ducats.  By  the  wars  it  is  reduced 
to  900,000  ducats.  The  duke  of  Savoy  as  a  free  country  has  150,000 
ducats  revenue.  The  marquis  of  Montferrat  as  a  free  country  has  100, 
000  ducats  revenue.  Count  Francesco,  duke  of  Milan  (in  1423  duke 
Filippo  Maria  had  1,000,000  ducats  revenue)  has  at  present  on  account 
of  the  wars  only  500,000  ducats.  The  signory  of  Venice  had  in  1423 
1,100,000  ducats  ordinary  revenue.  By  reason  of  great  wars  which 
have  destroyed  commerce  it  has  800,000  ducats  ordinary  revenue.  The 
marquis  of  Ferrara  had  in  1423,  70,000  ducats  ordinary  revenue. 
Through  the  Italian  wars  he  has  by  remaining  at  peace  150,000  ducats. 
The  Marquis  of  Montferrat  had  in  1423,  150,000  ducats,  to-day  60,000 
ducats.  The  Bolognese  had  in  1423,  400,000  ducats  ordinary  revenue. 
But  by  the  wars  it  has  come  to  200,000  ducats.  Florence  in  1423 
had  a  revenue  of  400,000  ducats.     But  since  then,  through  the  great 


1 8  TRANSLATIONS    AND    REPRINTS. 

wars  it  is  reduced  to  200,000  ducats.  The  pope,  though  formerly  he 
had  none,  has  400,000  ducats  ordinary  revenue.  The  Genuese  through 
the  great  divison  among  them  are  reduced  to  180,000  ducats.  The 
king  of  Aragon,  in  all  his  realm  with  Sicily,  though  at  fii*st  he  had 
considerably  more,  has  a  revenue  of  310,000  ducats, 

Revenues  of  our  signory  on  the  main-land  and  the  cost  of  these 
domains.  The  country  of  Friuli  gives  annually  75,000  ducats.  Its  costs 
are  annually  6330  ducats.  There  remains  net  1170  ducats.  Trevigi 
and  suburbs  40,000  ducats,  costs  10,100  ducats,  remainder  29,900 
ducats.  Padua  and  suburbs  65,500  ducats,  costs  14,000  ducats,  re- 
miander  51,500  ducats.  Vicenza  and  suburbs  34,500  ducats,  costs 
7600  ducats,  remainder  26,900.  Verona  and  suburbs  52,500  ducats, 
costs  18,000  ducats,  remainder  34,000  ducats.  Brescia  and  suburbs 
75,500  ducats,  costs  16,000  ducats,  remainder  59,500  ducats.  Ber- 
gamo and  suburbs,  25,500  ducats,  costs  9,500  ducats,  remainder  16,000 
ducats.  Crema  and  suburbs  7400  ducats,  costs  3900  ducats,  re- 
mainder 3500  ducats.  Ravenna  and  suburbs  9000  ducats,  costs  2770 
ducats,  remainder  6230  ducats.  Sum  of  the  above  317,400  ducats, 
costs  88,200  ducats,  remainder  229,200  ducats.  Revenues  of  Venice. 
The  intendants  of  the  revenues  levy  every  year  150,000  ducats.  The 
Salt  office  levies  every  year  165,000  ducats.  Eight  offices  connected 
with  the  Bureau  of  Taxes  levy  per  year  233,500  ducats.  Offices 
connected  with  the  Arsenal  levy  annually  73,280  ducats.  From  the 
profits  of  the  Bureau  of  Taxes  per  year  150,000  ducats  and  salaries 
26,500  ducats,  leaving  611,600  ducats.  Maritime  possessions  yield 
annually  180,000  ducats.  Other  extroardinary  revenues.  Revenue  of 
the  tithe  of  houses  and  possessions  in  the  Duchy  25,000  ducats.  For  the 
clergy  who  pay  in  cash  half  the  tithe,  the  other  being  held  by  the 
Bureau  of  Taxes,  15,000  ducats.  Possessions  abroad  and  foreign 
stations  5000  ducats.  Priests,  for  their  revenues  22,000  ducats.  Sea- 
faring Jews  two-tenths  per  year  600  ducats.  Land  Jews  500  ducats 
for  the  tithe,  and  1000  ducats  for  the  two-tenths.  The  tithe  of  the 
merchants  16,000  ducats.  Revenue  of  Noli  and  Gioje  6000  ducats. 
Poll  taxes  and  exchange  20,000  ducats.  Note  that  we  must  subtract 
from  these  the  following  namely :  for  the  persons  who  are  unable  to  pay 
the  tithe  of  the  houses,  it  cannot  be  exacted  6000  ducats  ;  for  the  half 
of  the  tithe  of  the  profit  of  the  Bureau  of  Taxes,  7500  ducats;  for  the 
priests,  to  be  deducted  for  the  Patriarchate  2000  ducats ;  for  the  mer- 
chandise for  the  revenues  6000  ducats  ;  for  Noli  and  Gioje  4000  ducats  : 
for  poll-taxes  and  exchange  12,000  ducats. 


TAXES   OF   JERUSALEM.  1 9 

VII.     TAXES  OF  THE  KINGDOM  OF  JERUSALEM. 

Assises  de  Jerusalem.     Tome  II.  Assises  de  la  cour  des  Bourgeois,  p. 
173.     Paris  1843.     Old  P>ench. 
The  list  of  taxes  of  the  kingdom  of  Jerusalem  may  be  regarded  as  a  pendant 
to  the  foregoing.     The  list  of  articles  taxed  forms  an  excellent  index  of  the  char- 
acter of  the  commerce  conducted  by  the  Mediterranean  powers  of  the  time. 

1.  The  old  duties  command  that  one  should  take  at  the  custom 
house  for  the  sale  ot  silk  for  every  hundred  Besauts,  8  Besants  and  19 
Karoubles,  ^  as  duty. 

2.  For  the  duties  on  cotton  the  rule  commands  that  one  should 
take  per  hundred,  10  B.  and  18  K.  as  duties. 

3.  For  the  duties  of  pepper  the  rule  commands  that  one  should 
take  per  hundred  11  B.  and  5  K.  as  duties. 

4.  For  cinnamon  the  rule  commands  that  one  should  take  per 
hundred  10  B.  and  18  K.  as  duty. 

5.  For  wool  the  rule  commands  that  one  should  take  per  hundred 
B.,  11  B.  and  10  K.  as  taxes. 

6.  For  the  duties  of  alum  the  rule  commands  that  one  should  take 
per  hundred,  11  B.  and  5  K.  as  duties. 

7.  For  the  duty  on  varnish  the  rule  commands  that  one  should 
take  per  hundred,  10  B.  and  18  K.  as  duty. 

8.  For  the  duties  on  nutmegs  or  on  nutmeg  leaves,  the  rule  com- 
mands that  one  should  take  as  duty  per  hundred  B.  8  B.  and  \.  by  law. 

9.  Of  flax  the  rule  commands  that  one  should  take  per  uundred, 
8  B.  and  8  K.  as  duty. 

10.  For  the  duties  upon  cloves  and  the  leaves  of  cloves  the  rule 
commands  that  one  should  take  per  hundred,  9  B.  and  \  by  law. 

11.  For  the  duties  on  Indian  hens  one  should  take  the  tenth. 

12.  For  the  wares  which  are  brought  by  sea  from  the  coast  of 
Syria  and  which  cannot  be  sold  the  rule  is  that  they  can  be  withdrawn 
and  taken  out  of  the  country,  but  if  the  merchandise  which  cannot  be 
sold  be  taken  out  beyond  the  chain  they  must  be  paid  per  hundred  for 
as  much  as  may  then  be  in  the  country  8  B.  per  hundred,  and  for  that 
which  may  have  been  sold  duty  must  be  paid  to  the  custom  house  accord- 
ing that  which  is  established  for  each  kind  and  which  one  would  have  to 
pay.  And  be  it  undei*stood  that  these  duties  shall  be  paid  by  the  Sara- 
cens and  by  all  the  Syrians  who  may  come  with  wares  into  this  kingdom. 

'  Where  these  coins  are  subsequently  mentioned  they  are  indicated  by  B.  and  K. 


20  TRANSLATIONS    AND    REPRINTS. 

13.  For  the  duties  on  muse  the  rule  commands  that  one  should 
take  per  hundred  B,  8  B.  and  ^  as  duty. 

14.  For  the  duty  upon  aloe  wood  the  rule  commands  that  one 
should  take  9  B.  and  i  per  hundred  as  duty. 

15.  For  the  duties  on  sugar  for  that  which  is  imported  and 
exported  by  land  and  by  sea,  the  rule  commands  that  one  should  take 
per  hundred,  5  B.  as  duty. 

16.  For  the  duties  per  camel's  load  of  sugar  the  rule  commands 
that  one  should  take  4  B.  as  duty. 

17.  For  the  duty  on  sugar  which  is  brought  by  beasts  of  burden 
the  rule  commands  that  one  should  take  1  raboin  per  load  as  duty. 

18.  For  all  things  which  are  exported  by  land  to  be  taken  to 
the  Paynims  the  rule  commands  that  one  should  take  as  duty  per  Besant 
IK. 

19.  For  the  duty  for  the  salt  fish  which  is  imported  from  Babylon 
one  should  take  the  quarter,  that  is  of  4  B.  one  of  the  four,  as  duty. 

20.  For  the  duty  on  flax  which  is  imported  from  Babylon  to 
Damascus  the  rule  commands  that  one  should  take  in  transit  for  each 
camel  1  B.  and  2  K.  as  duty. 

21.  For  the  duty  on  alcana  the  rule  commands  that  one  should 
take  give  for  each  sack  a  duty  of  18?  K. 

22.  For  the  duty  on  all  the  spices  of  retail  shop-keepers  the  rule 
commands  that  one  should  take  as  duty  per  besante  1  K. 

23.  For  the  duty  of  sesamum  the  rule  commands  that  one  should 
on  importation  per  hundred,  10  B.  as  duty. 

24.  For  the  duty  on  oil  of  Sesamum  the  rnle  commands  that  one 
should  take  per  hundred,  11  B.  as  duty. 

25.  For  the  duty  upon  incense  the  rule  commands  that  one  should 
take  per  hundred,  11  B.  and  5  K.  as  duty. 

26.  The  rule  for  cardemoine  the  law  commands  that  one  should 
take  per  hundred,  11  B.  and  5  K.  as  duty. 

27.  The  duty  on  ivory  the  law  commands  that  one  should  take  per 
besante  2  K.  as  duty. 

28.  For  the  duty  on  SarcocoU  the  rule  commands  that  one  should 
take  per  hundred,  11  B.  and  5  K. 

29.  For  the  duty  on  Galega  the  rule  commands  that  one  should 
take  per  hundred  4  B.  and  4  K. 

30.  For  the  duty  upon  the  twigs  and  the  leaves  of  lavender  the 
rule  commands  that  one  should  take  per  hundred,  4  B.  and  4  K. 


TAXK8    OK    JERUHAi.EM.  21 

31.  For  the  duty  on  Myrodolaii  the  rule  coirmiauds  that  one 
should  take  j)er  hundred  4  B.  and  4  K. 

32.  For  the  duty  on  cinnamon  the  rule  commands  tliat  one  should 
take  i)er  hundred,  4  B.  and  4  K. 

33.  For  the  duty  on  rhubarb  the  rule  connnande  that  one  should 
take  per  hundred,  4  B.  and  3  K.  as  duty. 

34.  For  the  duty  on  ginger  the  rule  connnands  that  one  should 
take  j)er  hundred,  4  B.  and  4  K.  as  duty. 

35.  For  the  duty  upon  camphor  the  rule  commands  that  one  should 
take  per  hundred,  11  B.  and  8  K.  as  duty. 

36.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  borage  per  hundred,  11  B.  and  o  K.  as  duty. 

37.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  aspic  per  hundred,  4  B.  and  4  K.  as  duty. 

38.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  gariophylus  per  hundred,  4  B.  and  4  K.  as  duty. 

39.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  ammonia,  internal  tax  that  is  to  say  per  hundred,  11  B.  and  5  K. 

40.  It  is  undei-stood  that  the  rule  commands  that  one  should  take 
on  Nabeth  sugar,  an  internal  tax. 

41.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  dates,  an  internal  tax. 

42.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  emery  per  hundred,  10  B.  as  duty, 

43.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  licorice  Saracen  and  Syrian  1  and  i  tenths,  but  of  French  one  should 
take  only  13  B.  per  hundred  as  duty. 

44.  It  is  understood  that  the  rule  connnands  that  one  should  take 
on  sulphur  of  arsenic  per  hundred,  11  B.  and  5  K.  as  duty. 

45.  It  is  understood  that  the  rule  connnands  that  one  should  take 
on  camphor  root  which  is  underneath  i)er  hundred,  11  B.  and  5  K.  as 
duty. 

46.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  straps  and  saddles  which  are  exported  from  the  city  per  B,  1  K.  as 
duty. 

47.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  yellow  sulphur  of  arsenic,  and  internal  tax. 

48.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  libanotis  per  hundred  1 0  B.  and  8  K.  as  duty. 


22  TRANSLATIONS    AND    REPRINTS. 

49.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  all  planks  and  beams  which  are  exported  by  land,  as  duty  the  quarter 
of  what  they  cost. 

50.  It  is  understood  that  the  rule  commands  that  one  should  take 
as  duty  on  planks  used  to  construct  threshing  floors  the  tenth  of  what 
they  cost. 

51.  It  is  understood  that  the  rule  commands  that  one  should  take 
upon  salt  fish  exported  from  the  city  the  quarter  of  what  it  cost  as  duty. 

52.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  fruit  per  hundred,  14  B.  as  duty. 

53.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  hens  exported  from  the  city  and  upon  ?  one  should  take  an  internal 
tax. 

54.  It  is  understood  that  the  rule  commands  that  one  should  take 
as  duty  on  rafters  per  besant,  2  K. 

55.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  olives,  20  B. 

56.  It  is  undei-stood  that  the  rule  commands  that  one  should  take 
on  wine  which  is  brought  from  Nazareth  and  from  Saphourie  and  from 
Safran,  per  camel  load  as  duty  12  drachmans. 

57.  It  is  understood  that  the  rule  commands  that  one  should  take 
of  thread  of  Damascus  an  internal  tax. 

58.  It  is  understood  that  the  rule  commands  that  one  should  take 
of  senna  per  hundred,  20  B.  as  duty. 

59.  It  is  understood  that  the  rule  commands  that  one  should  take 
of  red  currants  per  hundred,  8  B.  and  i  which  is  the  amount  of  the 
duty. 

60.  It  is  understood  that  the  rule  commands  that  one  should  take 
of  wine  which  is  imported  from  Antioch  or  from  Lische  or  this  side  per 
besant,  1  K.  as  duty. 

61.  It  is  understood  that  the  rule  commands  that  one  should  take 
of  the  shoes  which  the  Saracens  purchase  as  tax  of  sale  the  tenth. 

62.  It  is  understood  that  the  rule  commands  that  one  should  take 
as  duties  on  wheat,  the  tenth. 

63.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  eggs  the  tenth  as  duty. 

64.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  hens  and  pullets  as  duty  the  tenth,  that  is  to  say  per  hundred,  10  B. 

65.  On  the  goats  which  are  imported  from  the  Paynims  the  rule 
commands  that  one  should  take  the  tenth  as  duty. 


TAXES   OF    JERUSALEM.  23 

66.  On  geese  which  are  brought  into  the  city  the  rule  commands 
that  one  should  take  the  tenth  as  duty. 

67.  On  the  oil  which  comes  to  the  custom-house  the  rule  commands 
that  one  should  take  per  hundred,  8  B.  and  4  K.  as  duty. 

68.  On  nut  gall  the  rule  commauds  that  one  should  give  and  take 
as  duty  5  B.  and  18  K.  per  hundred. 

69.  On  the  wool  which  is  imported  from  various  parts  the  rule 
commands  that  one  should  take  by  law  per  hundred  10  B.  and  18  K. 

70.  On  wax  the  rule  commands  that  one  should  take  per  hundred 
2  B.  and  5  K. 

71.  On  pens  the  rule  commands  that  one  should  take  as  internal 
tax  that  is  to  say  11  B.  and  5  K.  per  hundred. 


Translations  and  Reprints 

FROM  THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 
Voi,.  I.  English  Constitutional  Documents.  No.  6. 

TABLE  OF  CONTENTS. 

PA03B! 

I.   Coronation  Oaths  and  Royal  Charters. 

1.  Coronation  Oath  of  Bthelred  II 2 

2.  Coronation  Oath  of  William  the  Conqueror,    ....  2 

3.  Charter  of  William  to  London, 2 

4.  Coronation  Charter  of  Henry  1 3 

5.  Coronation  Charter  of  Stephen, 5 

6.  Coronation  Charter  of  Henry  II 5 

7.  The  Great  Charter, 6 

8.  Coronation  Oath  of  Henry  III 17 

9.  Confirmation  of  the  Charters, ".    .    .    .  17 

10.     Coronation  Oath  of  Edward  II 19 

II.       Judicial  Documents. 

1.  Provisions  for  Hundred  and  Shire  Courts, 20 

2.  A  Shire  Moot  in  the  Reign  of  Cnut, 21 

3.  Writ  for  an  Inquisition, 22 

4.  Writ  for  a  Recognition,      22 

5.  Assize  of  Clarendon, 22 

6.  Constitutions  of  Clarendon, 26 

7.  Typical  Criminal  Cases  in  Royal  Courts 30 

8.  Typical  Civil  Cases  in  Royal  Courts,      31 

III.  Writs  of  Summons  to  Parliament. 

1.  Writ  to  the  lyords  in  1242, 33 

2.  Writ  to  a  Bishop  in  1295, 33 

3.  Writ  to  a  Lay  Noble  in  1295, 34 

4.  Writ  to  Sheriffs  for  Commoners  in  1295, 35 

IV.  Select  Bibliography, 36 


2  TRANSLATIONS   AND   REPRINTS. 

I.     CORONATION  OATHS  AND  ROYAL  CHARTERS. 

At  no  time  in  English  history  has  the  power  of  the  king  been  absolute  and  un- 
limited. The  coronation  oath  bridged  the  chasm  between  the  Saxon  and  the  Nor- 
man kings,  being  taken  by  William  and  his  immediate  successors  in  exactly  the 
form  recorded  as  having  been  used  by  King  Ethelred.  The  later  charters  of  liber- 
ties indicate  the  progressive  restrictions  on  the  independence  oi  the  early  Norman 
and  Angevin  kings,  although  the  occasions  for  the  issue  of  such  charters  were  ap- 
parently almost  accidental.  The  charter  of  Henry  I.  was  granted  to  strengthen  his 
doubtful  claim  to  the  throne ;  two  successive  charters  were  issued  by  Stephen  with 
the  same  object,  and  that  of  Henry  II.  was  granted  in  imitation  of  these.  Magna 
Charta  is  known  to  have  been  suggested  by  and  based  on  these  preceding  grants. 
The  Confirmation  of  the  Charters  was  in  form  one  of  the  many  regrants  of  Magna 
Charta  and  the  Forest  Charter,  but  it  obtained  its  importance  from  the  sixth  clause, 
which  was  practically  new  and  remained  effective.  Under  another  form,  in  which 
it  appears  as  the  statute  de  talla^io  non  concedendo,  this  grant  is  frequently  re- 
ferred to  in  later  struggles  between  king  and  Parliament. 

I.  CORONATION  OATH  OF  ETHELRED  II.,  A.  D.  978. 
Kemble,  Saxons  in  England.  II.  36.  Anglo-Saxon. 
In  the  name  of  the  Holy  Trinity,  three  things  do  I  promise  to  this 
Christian  people,  my  subjects ;  first,  that  I  will  hold  God's  church  and 
all  the  Christian  people  of  my  realm  in  true  peace ;  second,  that  I  will 
forbid  all  rapine  and  injustice  to  men  of  all  conditions;  third,  that  I 
promise  and  enjoin  justice  and  mercy  in  all  judgments,  in  order  that  a 
just  and  merciful  God  may  give  us  all  His  eternal  favor,  who  liveth 
and  reigneth. 

2.   CORONATION  OATH  OF  WILLIAM  THE  CONQUEROR,  A.  D.  IO66. 

Florence  of  Worcester,  under  the  year  1066.     Latin. 

Having  first,  as  the  archbishop  required,  sworn  before  the  altar  of 
St.  Peter  the  Apostle,  in  the  presence  of  the  clergy  and  people,  to  defend 
the  holy  churches  of  God  and  their  governors,  and  also  to  rule  over  the 
•  whole  people  subject  to  him  justly  and  with  royal  providence ;  to  enact 
and  to  preserve  right  law,  and  straitly  to  forbid  violence  and  unjust 
judgments. 

3.       CHARTER   OF   WILLIAM   THE   CONQUEROR   TO   THE   CITY    OF 
LONDON,    A.  D.    IO66. 

Liber  Custumarum,  Pt.  i,  pp.  25  and  26.     Anglo-Saxon. 

William,  king,  greets  William,  bishop,   and  Gosfrith,  portreeve. 


CHARTER   OF    HENRY    I.  3 

and  all  the  burghers  within  London,  French  and  English,  friendly ; 
and  I  assure  you  that  I  will  that  ye  all  have  rights  before  the  law  that 
had  them  in  King  Edward's  day.  And  I  will  that  every  child  be  his 
father's  heir  after  his  father's  day.  And  I  will  not  allow  that  any  man 
do  any  wrong  to  you.     God  keep  you. 

4.       CORONATION    CHARTER    OF    HENRY    I.,    A.  D.    I  ICQ. 
Stubbs'  Select  Charters,  96-98.     Latin. 

In  the  year  of  the  incarnation  of  the  Lord,  1101,  Henry,  son  ot 
King  William,  after  the  death  of  his  brother  William,  by  the  grace  of 
God,  king  of  the  English,  to  all  faithful,  greeting : 

1.  Know  that  by  the  mercy  of  God,  and  by  the  common  counsel 
of  the  barons  of  the  whole  kingdom  of  England,  I  have  been  crowned 
king  of  the  same  kingdom ;  and  because  the  kingdom  has  been  oppressed 
by  unjust  exactions,  I,  from  regard  to  God,  and  from  the  love  which  I 
have  toward  you,  in  the  first  place  make  the  holy  church  of  God  free, 
so  that  I  will  neither  sell  nor  place  at  rent,  nor,  when  archbishop,  or 
bishop,  or  abbot  is  dead,  will  I  take  anything  from  the  domain  of  the 
church,  or  from  its  men,  until  a  successor  is  installed  into  it.  And  all 
the  evil  customs  by  which  the  realm  of  England  w^as  unj  ustly  oppressed 
will  I  take  away,  which  evil  customs  I  partly  set  down  here. 

2.  If  any  one  of  my  barons,  or  earls,  or  others  who  hold  from  me 
shall  have  died,  his  heir  shall  not  redeem  his  land  as  he  did  in  the  time 
of  my  brother,  but  shall  relieve  it  by  a  just  and  legitimate  relief.  Sim- 
ilarly also  the  men  of  my  barons  shall  relieve  their  lands  from  their 
lords  by  a  just  and  legitimate  relief. 

3.  And  if  any  one  of  the  barons  or  other  men  of  mine  wishes  to 
give  his  daughter  in  marriage,  or  his  sister  or  niece  or  relation,  he  must 
speak  with  me  about  it,  but  I  will  neither  take  anything  from  him  for 
this  permission,  nor  forbid  him  to  give  her  in  marriage,  unless  he  should 
wish  to  join  her  to  my  enemy.  And  if  when  a  baron  or  other  man  of 
mine  is  dead,  a  daughter  remains  as  his  heir,  I  will  give  her  in  marriage 
according  to  the  judgment  of  my  barons,  along  with  her  land.  And  if 
when  a  man  is  dead  his  wife  remains,  and  is  without  children,  she  shall 
have  her  dowry  and  right  of  marriage,  and  I  will  not  give  her  to  a  hus- 
band except  according  to  her  will. 

4.  And  if  a  wife  has  survived  with  children,  she  shall  have  her 
dowry  and  right  of  marriage,  so  long  as  she  shall  have  kept  her  body 
legitimately,  and  I  will  not  give  her  in  marriage,  except  according  to 


4  TRANSLATIONS   AND   REPRINTS. 

her  will.  And  the  guardian  of  the  land  and  children  shall  be  either 
the  wife  or  another  one  of  the  relatives  as  shall  seem  to  be  most  just. 
And  I  require  that  my  barons  should  deal  similarly  with  the  sons  and 
daughters  or  wives  of  their  men. 

5.  The  common  tax  on  money*  which  used  to  be  taken  through 
the  cities  and  counties,  which  was  not  taken  in  the  time  of  King  Ed- 
ward, I  now  forbid  altogether  henceforth  to  be  taken.  If  any  one  shall 
have  been  seized,  whether  a  moneyer  or  any  other,  with  false  money, 
strict  justice  shall  be  done  for  it. 

6.  All  fines  and  all  debts  which  were  owed  to  my  brother,  I  re- 
mit, except  my  rightful  rents,  and  except  those  payments  which  had 
been  agreed  upon  for  the  inheritances  of  others  or  for  those  things 
which  more  justly  affected  others.  And  if  any  one  for  his  own  inheri- 
tance has  stipulated  anything,  this  I  remit,  and  all  reliefe  which  had 
been  agreed  upon  for  rightful  inheritances. 

7.  And  if  any  one  of  my  barons  or  men  shall  become  feeble,  how- 
ever he  himself  shall  give  or  arrange  to  give  his  money,  I  grant  that  it 
shall  be  so  given.  Moreover,  if  he  himself,  prevented  by  arms,  or  by 
weakness,  shall  not  have  bestowed  his  money,  or  arranged  to  bestow  it, 
his  wife  or  his  children  or  his  parents,  and  his  legitimate  men  shall  di- 
vide it  for  his  soul,  as  to  them  shall  seem  best. 

8.  If  any  of  my  barons  or  men  shall  have  commited  an  offence  he 
shall  not  give  security  to  the  extent  of  forfeiture  of  his  money,  as  he  did 
in  the  time  of  my  father,  or  of  my  brother,  but  according  to  the 
measure  of  the  offence  so  shall  he  pay,  as  he  would  have  paid  from  the 
time  of  my  father  backward,  in  the  time  of  my  other  predecessors ;  so 
that  if  he  shall  have  been  convicted  of  treachery  or  of  crime,  he  shall 
pay  as  is  just. 

9.  All  murders  moreover  before  that  day  in  which  I  was  crowned 
king,  I  pardon ;  and  those  which  shall  be  done  henceforth  shall  be 
punished  justly  according  to  the  law  of  King  Edward. 

10.  The  forests,  by  the  common  agreement  of  my  barons,  I  have 
retained  in  my  own  hand,  as  my  father  held  them. 

11.  To  those  knights  who  hold  their  land  by  the  cuirass,  I  yield 


iMonetagium,  which  is  here  translated  **tax  on  money,"  was  a  payment  made 
to  the  king  or  other  lord,  periodically,  on  condition  that  he  would  not  change  the 
standard  of  value  during  a  given  period.  It  was  customary  in  Normandy. 
Ducange. 


CHARTER   OF   HENRY    II.  5 

of  my  owu  gift  the  lands  of  their  demesne  ploughs  free  from  all  pay. 
ments  and  from  all  labor,  so  that  as  they  have  thus  been  favored  by 
such  a  great  alleviation,  so  they  may  readily  provide  themselves  with 
horses  and  arms  for  my  service  and  for  the  defence  of  my  kingdom. 

12.  A  firm  peace  in  my  whole  kingdom  I  establish  and  require  to 
be  kept  from  henceforth. 

13.  The  law  of  King  Edward  I  give  to  you  again  with  those 
changes  with  which  my  father  changed  it  by  the  counsel  of  his  barons. 

14.  If  any  one  has  taken  anything  from  my  possessions  since  the 
death  of  King  William,  my  brother,  or  from  the  possessions  of  any  one, 
let  the  whole  be  immediately  returned  without  alteration,  and  if  any  one 
shall  have  retained  anything  thence,  he  upon  whom  it  is  found  will  pay 
it  heavily  to  me.  Witnesses  Maurice,  bishop  of  London,  and  Gundulf, 
bishop,  and  William,  bishop-elect,  and  Henry,  earl,  and  Simon,  earl, 
and  Walter  Giffard,  and  Robert  de  Montfort,  and  Roger  Bigod,  and 
Henry  de  Port,  at  London,  when  I  was  crowned. 

5.      CORONATION   CHARTER   OF   KING   STEPHEN,  A.  D.   II 35. 

Statutes  of  the  Realm.     I,  4.     Latin. 

Stephen,  by  the  grace  of  God,  king  of  the  English,  to  the  justices, 
sheriffs,  barons,  and  all  his  ministers  and  faithful,  French  and  English, 
greeting. 

Know  that  I  have  conceded  and  by  this  my  present  charter  con- 
firmed to  all  my  barons  and  men  of  England  all  the  liberties  and  good 
laws  which  Henry,  King  of  the  English,  my  uncle,  gave  and  conceded 
to  them,  and  all  the  good  laws  and  good  customs  which  they  had  in  the 
time  of  King  Edward,  I  concede  to  them.  Wherefore  I  wish  and  firmly 
command  that  they  shall  have  and  hold  all  those  good  laws  and  liberties 
from  me  and  my  heirs,  they  and  their  heirs,  freely,  quietly,  and  fully  ; 
and  I  prohibit  anyone  from  bringing  any  obstacle,  or  impediment,  or 
diminution  upon  them  in  these  matters  on  pain  of  forfeiture  to  me. 

Witness  William  Martel,  at  London. 

6.   CORONATION  CHARTER  OF  HENRY  II.,  A.  D.  1 1 54. 

Statutes  of  the  Realm.     I.  4.     Latin. 

Henry,  by  the  grace  of  God,  king  of  England,  duke  of  Normandy 
and  Aquitaine  and  count  of  Anjou,  to  all  the  earls,  barons,  and  his 
faithful,  French  and  English,  greeting.     Know  that,  to  the  honor  of 


6  TRANSLATIONS   AND   REPRINTS. 

God  and  of  the  holy  church  and  for  the  advantage  of  my  whole  king- 
dom, I  have  conceded  and  granted,  and  by  my  present  charter  confirmed 
to  Grod  and  to  the  holy  church,  and  to  all  the  earls  and  barons,  and  to 
all  my  men  all  the  concessions  and  grants  and  liberties  and  free  cus- 
toms which  King  Henry,  my  grandfather,  gave  and  conceded  to  them. 
Similarly  also,  all  the  evil  customs  which  he  abolished  and  remitted,  I 
remit  and  allow  to  be  abolished  for  myself  and  my  heirs.  Therefore,  I 
will  and  strictly  require  that  the  holy  church  and  all  the  earls  and 
barons,  and  all  my  men  should  have  and  hold  all  those  customs  and 
grants  and  liberties  and  free  customs,  freely  and  quietly,  well  and  in 
peace,  and  completely,  from  me  and  my  heirs  to  them  and  their  heirs, 
as  freely  and  quietly  and  fully  in  all  things  as  King  Henry,  my  grand- 
father, granted  and  conceded  to  them  and  by  his  charter  confirmed  them. 
Witness,  Richard  de  Luci,  at  Westminster. 


7.   THE  GREAT  CHARTER. 

GRANTED  BY  KING  JOHN,  JUNE  1 5,  A.D.  I215. 

Stubbs'  Reprint.     Latin. 

John,  by  the  grace  of  Grod,  king  of  England,  lord  of  Ireland,  duke 
of  Normandy  and  Aquitaine,  count  of  Anjou,  to  the  archbishops,  bish- 
ops, abbots,  earls,  barons,  justiciars,  foresters,  sheriffs,  reeves,  servants, 
and  all  bailiffs  and  his  faithful  people  greeting.  Know  that  by  the 
suggestion  of  God  and  for  the  good  of  our  soul  and  those  of  all  our  pre- 
decessors and  of  our  heirs,  to  the  honor  of  God  and  the  exaltation  of 
holy  church,  and  the  improvement  of  our  kingdom,  by  the  advice  of 
our  venerable  fathers  Stephen,  archbishop  of  Canterbury,  primate  of 
all  England  and  cardinal  of  the  holy  Roman  church,  Henry,  archbishop 
of  Dublin,  William  of  London,  Peter  of  Winchester,  Jocelyn  of  Bath 
and  Glastonbury,  Hugh  of  Lincoln,  Walter  of  Worcester,  William  of 
Coventry,  and  Benedict  of  Rochester,  bishops ;  of  Master  Pandulf,  sub- 
deacon  and  member  of  the  household  of  the  lord  Pope,  of  Brother 
Aymeric,  master  of  the  Knights  of  the  Temple  in  England ;  and  of  the 
noblemen  William  Marshall,  earl  of  Pembroke,  William,  earl  of  Salis- 
bury, William,  earl  of  Warren,  William,  earl  of  Arundel,  Alan  of 
Galloway,  constable  of  Scotland,  Warren  Fitz-Gerald,  Peter  Fitz-Her- 
bert,  Hubert  de  Burgh,  steward  of  Poitou,  Hugh  de  Nevil,  Matthew 
Fitz-Herbert,  Thomas  Bassett,  Alan  Bassett,  Philip  d'Albini,  Robert 


THE   GREAT   CHARTER.  7 

de  Roppelay,   John  Marshall,   John  Fitz-Hugh,   and  others  of   our 
faithful. 

1.  In  the  first  place  we  have  granted  to  God,  and  by  this  our 
present  charter  confirmed,  for  us  and  our  heirs  forever,  that  the  English 
church  shall  be  free,  and  shall  hold  its  rights  entire  and  its  liberties  un- 
injured; and  we  will  that  it  thus  be  observed;  which  is  shown  by  this, 
that  the  freedom  of  elections,  which  is  considered  to  be  most  important 
and  especially  necessary  to  the  English  church,  we,  of  our  pure  and 
spontaneous  will,  granted,  and  by  our  charter  confirmed,  before  the  con- 
test between  us  and  our  barons  had  arisen ;  and  obtained  a  confirma- 
tion of  it  by  the  lord  Pope  Innocent  III. ;  which  we  will  observe  and 
which  we  will  shall  be  observed  in  good  faith  by  our  heirs  forever. 

We  have  granted  moreover  to  all  free  men  of  our  kingdom  for  us  and 
oiir  heirs  forever  all  the  liberties  written  below,  to  be  had  and  holden 
by  themselves  and  their  heirs  from  us  and  our  heirs. 

2.  If  any  of  our  earls  or  barons,  or  others  holding  from  us  in 
chief  by  military  service  shall  have  died,  and  when  he  has  died  his  heir 
shall  be  of  full  age  and  owe  relief,  he  shall  have  his  inheritance  by  the 
ancient  relief;  that  is  to  say,  the  heir  or  heirs  of  an  earl  for  the  whole 
barony  of  an  earl  a  hundred  pounds ;  the  heir  or  heirs  of  a  baron  for 
a  whole  barony  a  hundred  pounds ;  the  heir  or  heirs  of  a  knight,  for  a 
whole  knight's  fee,  a  hundred  shillings  at  most ;  and  who  owes  less  let 
him  give  less  according  to  the  ancient  custom  of  fiefs. 

3.  If  moreover  the  heir  of  any  one  of  such  shall  be  under  age, 
and  shall  be  in  wardship,  when  he  comes  of  age  he  shall  have  his  inheri- 
tance without  relief  and  without  a  fine. 

4.  The  custodian  of  the  land  of  such  a  minor  heir  shall  not  take 
from  the  land  of  the  heir  any  except  reasonable  products,  reasonable 
customary  payments,  and  reasonable  services,  and  this  without  destruc- 
tion or  waste  of  men  or  of  property ;  and  if  we  shall  have  committed 
the  custody  of  the  land  of  any  such  a  one  to  the  sheriff  or  to  any  other 
who  is  to  be  responsible  to  us  for  its  proceeds,  and  that  man  shall  have 
caused  destruction  or  waste  from  his  custody  we  will  recover  damages 
from  him,  and  the  land  shall  be  committed  to  two  legal  and  discreet 
men  of  that  fief,  who  shall  be  responsible  for  its  proceeds  to  us  or  to  him 
to  whom  we  have  assigned  them ;  and  if  we  shall  have  given  or  sold  to 
any  one  the  custody  of  any  such  land,  and  he  has  caused  destruction  or 
waste  there,  he  shall  lose  that  custody,  and  it  shall  be  handed  over  to 
two  legal  and  discreet  men  of  that  fief  who  shall  be  in  like  manner  re- 
sponsible to  us  as  is  said  above. 


8  TRANSLATIONS   AND   REPRINTS. 

5.  The  custodian  moreover,  so  long  as  he  shall  have  the  custody 
of  the  land,  must  keep  up  the  houses,  parks,  warrens,  fish  ponds,  mills, 
and  other  things  perta  ning  to  the  land,  from  the  proceeds  of  the  land 
itself;  and  he  must  return  to  the  heir,  when  he  has  come  to  full  age, 
all  his  land,  furnished  with  ploughs  and  implements  of  husbandry  ac- 
cording as  the  time  of  wainage  requires  and  as  the  proceeds  of  the  land 
are  able  reasonably  to  sustain. 

6.  Heirs  shall  be  married  without  disparity,  so  nevertheless  that 
before  the  marriage  is  contracted,  it  shall  be  announced  to  the  relatives 
by  blood  of  the  heir  himself. 

7.  A  widow,  after  the  death  of  her  husband,  shall  have  her  mar- 
riage portion  and  her  inheritance  immediately  and  without  obstruction, 
nor  shall  she  give  anything  for  her  dowry  or  for  her  marriage  portion, 
or  for  her  inheritance  which  inheritance  her  husband  and  she  held  on 
the  day  of  the  death  of  her  husband ;  and  she  may  remain  in  the  house 
of  her  husband  for  forty  days  afi^r  his  death,  within  which  time  her 
dowry  shall  be  assigned  to  her. 

8.  No  widow  shall  be  compelled  to  marry  so  long  as  she  prefera 
to  live  without  a  husband,  provided  she  gives  security  that  she  will  not 
marry  without  our  consent,  if  she  holds  from  us,  or  without  the  consent 
of  her  lord  from  whom  she  holds,  if  she  holds  from  another. 

9.  Neither  we  nor  our  bailiffs  will  seize  any  land  or  rent,  for  any 
debt,  so  long  as  the  chattels  of  the  debtor  are  sufficient  for  the  payment 
of  the  debt ;  nor  shall  the  pledges  of  a  debtor  be  distrained  so  long  as 
the  principal  debtor  himself  has  enough  for  the  payment  of  the  debt ; 
and  if  the  principal  debtor  fails  in  the  payment  of  the  debt,  not  having 
the  wherewithal  to  pay  it,  the  pledges  shall  be  responsible  for  the  debt ; 
and  if  they  wish,  they  shall  have  the  lands  and  the  rents  of  the  debtor 
until  they  shall  have  been  satisfied  for  the  debt  which  they  have  before 
paid  for  him,  unless  the  principal  debtor  shall  have  shown  himself  to  be 
quit  in  that  respect  towards  those  pledges. 

10.  If  any  one  has  taken  anything  from  the  Jews,  by  way  of  a 
loan,  more  or  less,  and  dies  before  that  debt  is  paid,  the  debt  shall  not 
draw  interest  so  long  as  the  heir  is  under  age,  from  whomsoever  he  holds ; 
and  if  that  debt  falls  into  our  hands,  we  will  take  nothing  except  the 
chattel  contained  in  the  agreement. 

11.  And  if  any  one  dies  leaving  a  debt  owing  to  the  Jews,  his 
wife  shall  have  her  dowry,  and  shall  pay  nothing  of  that  debt ;  and  if 
there  remain  minor  children  of  the  dead  man,  necessaries  shall  be  pro- 


Tin:   GREAT   ClIARTL^  »    . 


vided  for  them  corresponding  to  the  holding  of  the  dead  man ;  and  from 
the  remainder  shall  be  paid  the  debt,  the  service  of  the  lords  being  re- 
tained. In  the  same  way  debts  are  to  be  treated  which  are  owed  to 
others  than  the  Jews. 

12.  No  scutage  or  aid  shall  be  imposed  in  our  kingdom  except  by 
the  common  council  of  our  kingdom,  except  for  the  ransoming  of  our 
body,  for  the  making  of  our  oldest  son  a  knight,  and  for  once  marrying 
our  oldest  daughter,  and  for  these  purposes  it  shall  be  only  a  reasonable 
aid ;  in  the  same  way  it  shall  be  done  concerning  the  aids  of  the  city  of 
London. 

13.  And  the  city  of  London  shall  have  all  its  ancient  liberties 
and  free  customs,  as  well  by  land  as  by  water.  Moreover,  we  will  and 
grant  that  all  other  cities  and  boroughs  and  villages  and  ports  shall 
have  all  their  liberties  and  free  customs. 

14.  And  for  holding  a  common  council  of  the  kingdom  concern, 
ing  the  assessment  of  an  aid  otherwise  than  in  the  three  cases  mentioned 
above,  or  concerning  the  assessment  of  a  scutage  we  shall  cause  to  be 
summoned  the  archbishops,  bishops,  abbots,  earls,  and  greater  barons 
by  our  letters  under  seal ;  and  besides  we  shall  cause  to  be  summoned 
generally,  by  our  sheriffs  and  bailiffs  all  those  who  hold  from  us  in 
chief,  for  a  certain  day,  that  is  at  the  end  of  forty  days  at  least,  and  for 
a  certain  place ;  and  in  all  the  letters  of  that  summons,  we  will  express 
the  cause  of  the  summons,  and  when  the  summons  has  thus  been  given 
the  business  shall  proceed  on  the  appointed  day,  on  the  advice  of  those 
who  shall  be  present,  even  if  not  all  of  those  who  were  summoned  have 
come. 

15.  We  will  not  grant  to  any  one,  moreover,  that  he  shall  take 
an  aid  from  his  free  men,  except  for  ransoming  his  body,  for  making  his 
oldest  son  a  knight,  and  for  once  marrying  his  oldest  daughter  ;  and  for 
these  purposes  only  a  reasonable  aid  shall  be  taken. 

16.  No  one  shall  be  compelled  to  perform  any  greater  service  for 
a  knight's  fee,  or  for  any  other  free  tenement  than  is  owed  from  it. 

17.  The  common  pleas  shall  not  follow  our  court,  but  shall  be 
held  in  some  certain  place. 

18.  The  recognitions  of  novel  disseisin^  mort  d* ancestor,  and  dar- 
rein presentment  shall  be  held  only  in  their  own  counties  and  in  this 
manner  :  we,  or  if  we  are  outside  of  the  kingdom  our  principal  justiciar, 
will  send  two  justiciars  through  each  county  four  times  a  year,  who  with 
four  knights  of  each  county,  elected  by  the  county,  shall  hold  in  the* 


10  TRANSLATIONS    AND    REPRINTS. 

county  and  on  the  day  and  in  the  place  of  the  county  court,  the  afore- 
said assizes  of  the  county. 

19.  And  if  the  aforesaid  assizes  cannot  be  held  within  the  day  of 
the  county  court,  a  sufficient  number  of  knights  and  free-holders  shall 
remain  from  those  who  were  present  at  the  county  court  on  that  day  to 
give  the  judgments,  according  as  the  business  is  more  or  less. 

20.  A  free  man  shall  not  be  fined  for  a  small  offence,  except  in 
proportion  to  the  measure  of  the  offence ;  and  for  a  great  offence  he  shall 
be  fined  in  proportion  to  the  magnitude  of  the  offence,  saving  his  free- 
hold ;  and  a  merchant  in  the  same  way,  saving  his  merchandise ;  and 
the  villain  shall  be  fined  in  the  same  way,  saving  his  wainage,  if  he  shall 
be  at  our  mercy ;  and  none  of  the  above  fines  shall  be  imposed  except 
by  the  oaths  of  honest  men  of  the  neighborhood. 

21.  Earls  and  barons  shall  only  be  fined  by  their  peers,  and  only 
in  proportion  to  their  offence. 

22.  A  clergyman  shall  be  fined,  like  those  before  mentioned,  only 
in  proportion  to  his  lay  holding,  and  not  according  to  the  extent  of  his 
ecclesiastical  benefice. 

23.  No  manor  or  man  shall  be  compelled  to  make  bridges  over 
the  rivers  except  those  which  ought  to  do  it  of  old  and  rightfully. 

24.  No  sheriff,  constable,  coroners,  or  other  bailiffs  of  ours  shall 
hold  pleas  of  our  crown. 

25.  All  counties,  hundreds,  wapentakes,  and  trithings  shall  be  at 
the  ancient  rents  and  without  any  increase,  excepting  our  demesne 
manors. 

26.  If  any  person  holding  a  lay  fief  from  us  shall  die,  and  our 
sheriff  or  bailiff  shall  show  our  letters-patent  of  our  summons  concerning 
a  debt  which  the  deceased  owed  to  us,  it  shall  be  lawful  for  our  sheriff 
or  bailiff  to  attach  and  levy  on  the  chattels  of  the  deceased  found  on  his 
lay  fief,  to  the  value  of  that  debt,  in  the  view  of  legal  men,  so  neverthe- 
less that  nothing  be  removed  thence  until  the  clear  debt  to  us  shall  be 
paid ;  and  the  remainder  shall  be  left  to  the  executors  for  the  fulfilment 
of  the  will  of  the  deceased ;  and  if  nothing  is  owed  to  us  by  him,  all  the 
chattels  shall  go  to  the  deceased,  saving  to  his  wife  and  children  their 
reasonable  shares. 

27.  If  any  free  man  dies  intestate,  his  chattels  shall  be  distributed 
by  the  hands  of  his  near  relatives  and  friends,  under  the  oversight  of 
the  church,  saving  to  each  one  the  debts  which  the  deceased  owed  to 
him. 


THE   GREAT    CHARTER.  II 

28.  No  constable  or  other  bailiff  of  ours  shall  take  anyone's  grain 
or  other  chattels,  without  immediately  paying  for  them  in  money,  un- 
less he  is  able  to  obtain  a  postponement  at  the  good-will  of  the  seller. 

29.  No  constable  shall  require  any  knight  to  give  money  in 
place  of  his  ward  of  a  castle  if  he  is  willing  to  furnish  that  ward  in  his 
own  person  or  through  another  honest  man,  if  he  himself  is  not  able  to 
do  it  for  a  reasonable  cause ;  and  if  we  shall  lead  or  send  him  into  the 
army  he  shall  be  free  from  ward  in  proportion  to  the  amount  of  time 
by  which  he  has  been  in  the  army  through  us. 

30.  No  sheriff  or  bailiff  of  ours  or  any  one  else  shall  take  horses 
or  wagons  of  any  free  man  for  carrying  purposes  except  on  the  per- 
mission of  that  free  man. 

31.  Neither  we  nor  our  bailiffs  will  take  the  wood  of  another 
man  for  castles,  or  for  anything  else  which  we  are  doing,  except  by  the 
permission  of  him  to  whom  the  wood  belongs. 

32.  We  will  not  hold  the  lands  of  those  convicted  of  a  felony  for 
more  than  a  year  and  a  day,  after  which  the  lands  shall  be  returned  to 
the  lords  of  the  iiefs. 

33.  All  the  fish-weirs  in  the  Thames  and  the  Medway,  and 
throughout  all  England  shall  be  done  away  with,  except  those  on  the 
coast. 

34.  The  writ  which  is  called  praecipe  shall  not  be  given  for  the 
future  to  anyone  concerning  any  tenement  by  which  a  free  man  can  lose 
his  court. 

35.  There  shall  be  one  measure  of  wine  throughout  our  whole 
kingdom,  and  one  measure  of  ale,  and  one  measure  of  grain,  that  is  the 
London  quarter,  and  one  width  of  dyed  cloth  and  of  russets  and  of  hal- 
bergets,  that  is  two  ells  within  the  selvages;  of  weights,  moreover  it 
shall  be  as  of  measures. 

36.  Nothing  shall  henceforth  be  given  or  taken  for  a  writ  of  in- 
quisition concerning  life  or  limbs,  but  it  shall  be  given  freely  and  not 
denied. 

37.  If  anyone  holds  from  us  by  fee  farm  or  by  soccage  or  by  bur- 
gage, and  from  another  he  holds  land  by  military  service,  we  will  not  have 
the  guardianship  of  the  heir  or  of  his  land  which  is  of  the  fief  of  another, 
on  account  of  that  fee  farm,  or  soccage.  or  burgage ;  nor  will  we  have 
the  custody  of  that  fee  farm,  or  soccage,  or  burgage,  unless  that  fee  farm 
itself  owes  military  service.  We  will  not  have  the  guardianship  of  the 
heir  or  of  the  land  of  anyone,  which  he  holds  from  another  by  military 


12  TRANSLATIONS   AND   REPRINTS. 

service  on  account  of  any  petty  serjeanty  which  he  holds  from  us  by  the 
service  of  paying  to  us  knives  or  arrows,  or  things  of  that  kind. 

38.  No  bailiff  for  the  future  shall  place  any  one  to  his  law  on 
his  simple  affirmation,  without  credible  witnesses  brought  for  this 
purpose. 

39.  No  free  man  shall  be  taken  or  imprisoned  or  dispossessed,  or 
outlawed,  or  banished,  or  in  any  way  destroyed,  nor  will  we  go  upon 
him,  nor  send  upon  him,  except  by  the  legal  judgment  of  his  peers  or 
by  the  law  of  the  land. 

40.  To  no  one  will  we  sell,  to  no  one  will  we  deny,  or  delay 
right  or  justice. 

41.  All  merchants  shall  be  safe  and  secure  in  going  out  from 
England  and  coming  into  England  and  in  remaining  and  going  through 
England,  as  well  by  land  as  by  water,  for  buying  and  selling,  free  from 
all  evil  tolls,  by  the  ancient  and  rightful  customs,  except  in  time  of 
war,  and  if  they  are  of  a  land  at  war  with  us ;  and  if  such  are  found  in 
our  land  at  the  beginning  of  war,  they  shall  be  attached  without  injury 
to  their  bodies  or  goods,  until  it  shall  be  known  from  us  or  from  our 
principal  justiciar  in  what  way  the  merchants  of  our  land  are  treated 
who  shall  be  then  found  in  the  country  which  is  at  war  with  us ;  and  if 
ours  are  safe  there,  the  others  shall  be  safe  in  our  land. 

42.  It  is  allowed  henceforth  to  anyone  to  go  out  from  our  king- 
dom, and  to  return,  safely  and  securely,  by  land  and  by  water,  saving 
their  fidelity  to  us,  except  in  time  of  war  for  some  short  time,  for  the 
common  good  of  the  kingdom ;  excepting  persons  imprisoned  and  out- 
lawed according  to  the  law  of  the  realm,  and  people  of  a  land  at  war 
with  us,  and  merchants,  of  whom  it  shall  be  done  as  is  before  said. 

43.  If  anyone  holds  from  any  escheat,  as  from  the  honor  of  Wal- 
lingford,  or  Nottingham,  or  Boulogne,  or  Lancaster,  or  from  other  es- 
cheats which  are  in  our  hands  and  are  baronies,  and  he  dies,  his  heir 
shall  not  give  any  other  relief,  nor  do  to  us  any  other  service  than  he 
would  do  to  the  baron,  if  that  barony  was  in  the  hands  of  the  baron ; 
and  we  will  hold  it  in  the  same  way  as  the  baron  held  it. 

44.  Men  who  dwell  outside  the  forest  shall  not  henceforth  come 
before  our  justiciars  of  the  forest,  on  common  summons,  unless  they  are 
in  a  plea  of,  or  pledges  for  any  person  or  persons  who  are  arrested  on 
account  of  the  forest. 

45.  We  will  not  make  justiciars,  constables,  sheriffs  or  bailiffs  ex- 
cept of  such  as  know  the  law  of  the  realm  and  are  well  inclined  to  ob- 
serve it. 


THE    GREAT   CHARTER.  1 3 

46.  All  barons  who  have  founded  abbeys  for  which  they  have 
charters  of  kings  of  England,  or  ancient  tenure,  shall  have  their  custody 
when  they  have  become  vacant,  as  they  ought  to  have. 

47.  All  forests  which  have  been  afforested  in  our  time  shall  be 
disaflTorested  immediately ;  and  so  it  shall  be  concerning  river  banks 
which  in  our  time  have  been  fenced  in. 

48.  All  the  bad  customs  concerning  forests  and  warrens  and  con- 
cerning foresters  and  warreners,  sheriffs  and  their  servants,  river  banks 
and  their  guardians  shall  be  inquired  into  immediately  in  each  county 
by  twelve  sworn  knights  of  the  same  county,  who  shall  be  elected  by  the 
honest  men  of  the  same  county,  and  within  forty  days  after  the  inquisi- 
tion has  been  made,  they  shall  be  entirely  destroyed  by  them,  never  to 
be  restored,  provided  that  we  be  first  informed  of  it,  or  our  justiciar,  if 
we  are  not  in  England. 

49.  We  will  give  back  immediately  all  hostages  and  charters 
which  have  been  liberated  to  us  by  Englishmen  as  security  for  ])eace 
or  for  faithful  service. 

50.  We  will  remove  absolutely  from  their  bailiwicks  the  relatives 
of  Gerard  de  Athyes,  so  that  for  the  future  they  shall  have  no  bailiwick 
in  England ;  Engelard  de  Cygony,  Andrew,  Peter  and  Gyon  de  Chan- 
celles,  Gyon  de  Cygony,  Geoffrey  de  Martin  and  his  brothers,  Philip 
Mark  and  his  brothers,  and  Geoffrey  his  nephew  and  their  whole  retinue. 

51.  And  immediately  after  the  re-establishment  of  peace  we  will 
remove  from  the  kingdom  all  foreign-born  soldiers,  cross-bow  men,  ser- 
vants, and  mercenaries  who  have  come  with  horses  and  arms  for  the  in- 
jury of  the  realm. 

52.  If  anyone  shall  have  been  dispossessed  or  removed  by  us 
without  legal  judgment  of  his  peers,  from  his  lands,  castles,  franchises, 
or  his  right  we  will  restore  them  to  him  immediately ;  and  if  contention 
arises  about  this,  then  it  shall  be  done  according  to  the  judgment  of  the 
twenty-five  barons,  of  whom  mention  is  made  below  concerning  the  se- 
curity of  the  peace.  Concerning  all  those  things,  however,  from  which 
anyone  has  been  removed  or  of  which  he  has  been  deprived  without  le- 
gal judgment  of  his  peers  by  King  Henry  our  father,  or  by  King  Rich- 
ard our  brother,  which  we  have  in  our  hand,  or  which  others  hold,  and 
which  it  is  our  duty  to  guarantee,  we  shall  have  respite  till  the  usual 
term  of  crusaders;  excepting  those  things  about  which  the  suit  has 
been  begun  or  the  inquisition  made  by  our  writ  before  our  assumption 
of  the  cross ;  when,  however,  we  shall  return  from  our  journey  or  if  by 


14  TRANSLATIONS   AND   REPRINTS. 

chance  we  desist  from  the  journey,  we  will  immediately  show  full  jus- 
tice in  regard  to  them. 

53.  We  shall,  moreover,  have  the  same  respite  and  in  the  same 
manner  about  showing  justice  in  regard  to  the  forests  which  are  to  be 
disafforested  or  to  remain  forests,  which  Henry  our  father  or  Richard 
our  brother  made  into  forests;  and  concerning  the  custody  of  lands 
which  are  in  the  fief  of  another,  custody  of  which  we  have  until  now 
had  on  account  of  a  fief  which  anyone  has  held  from  us  by  military 
service ;  and  concerning  the  abbeys  which  have  been  founded  in  fiefs  of 
others  than  ourselves,  in  which  the  lord  of  the  fee  has  asserted  for  him- 
self a  right;  and  when  we  return  or  if  we  should  desist  from  our  jour- 
ney we  will  immediately  show  full  justice  to  those  complaining  in  regard 
to  them. 

54.  No  one  shall  be  seized  nor  imprisoned  on  the  appeal  of  a 
woman  concerning  the  death  of  anyone  except  her  husband. 

5^.  All  fines  which  have  been  imposed  unjustly  and  against  the 
law  of  the  land,  and  all  penalties  imposed  unjustly  and  against  the  law 
of  the  land  are  altogether  excused,  or  will  be  on  the  judgment  of  the 
twenty-five  barons  of  whom  mention  is  made  below  in  connection  with 
the  security  of  the  peace,  or  on  the  jundgment  of  the  majority  of  them, 
along  with  the  aforesaid  Stephen,  archbishop  of  Canterbury,  if  he  is  able 
to  be  present,  and  others  whom  he  may  wish  to  call  for  this  purpose 
along  with  him.  And  if  he  should  not  be  able  to  be  present,  neverthe- 
less the  business  shall  go  on  without  him,  provided  that  if  any  one  or 
more  of  the  aforesaid  twenty-five  barons  are  in  a  similar  suit  they 
should  be  removed  as  far  as  this  particular  judgment  goes,  and  others 
who  shall  be  chosen  and  put  upon  oath,  by  the  remainder  of  the  twenty- 
five  shall  be  substituted  for  them  for  this  purpose. 

56.  If  we  have  dispossessed  or  removed  any  Welshmen  from  their 
lands,  or  franchises,  or  other  things,  without  legal  judgment  of  their 
peers,  in  England,  or  in  Wales,  they  shall  be  immediately  returned  to 
them ;  and  if  a  dispute  shall  have  arisen  over  this,  then  it  shall  be  set- 
tled in  the  borderland  by  judgment  of  their  peers,  concerning  holdings 
of  England  according  to  the  law  of  England,  concerning  holdings  of 
Wales  according  to  the  law  of  Wales,  and  concerning  holdings  of  the 
borderland  according  to  the  law  of  the  borderland.  The  Welsh  shall  do 
the  same  to  us  and  ours. 

57.  Concerning  all  those  things,  however,  from  which  any  one  of 
the  Welsh  shall  have  been  removed  or  dispossessed  without  legal  judg- 


THE   GREAT    CHARTER.  I5 

ment  of  his  peers,  by  King  Henry  our  father,  or  King  Richard  our 
brother,  which  we  hold  in  our  hands,  or  which  others  hold,  and  we  are 
bound  to  warrant  to  them,  we  shall  have  respite  till  the  usual  period  of 
crusaders,  those  being  excepted  about  which  suit  was  begun  or  inquisit- 
ion made  by  our  command  before  our  assumption  of  the  cross.  When, 
however,  we  shall  return  or  if  by  chance  we  shall  desist  from  our  jour- 
ney, we  will  show  full  justice  to  them  immediately,  according  to  the  laws 
of  the  Welsh  and  the  aforesaid  parts. 

58.  We  will  give  back  the  son  of  Lewellyn  immediately,  and  all 
the  hostages  from  Wales  and  the  charters  which  had  been  liberated  to 
us  as  a  security  for  peace. 

59.  We  will  act  toward  Alexander,  king  of  the  Scots,  concerning 
the  return  of  his  sisters  and  his  hostages,  and  concerning  his  franchises 
and  his  right,  according  to  the  manner  in  which  we  shall  act  toward 
our  other  barons  of  England,  unless  it  ought  to  be  otherwise  by  the 
charters  which  we  hold  from  William  his  father,  formerly  king  of  the 
Scots,  and  this  shall  be  by  the  judgment  of  his  peers  in  our  court. 

60.  Moreover,  all  those  customs  and  franchises  mentioned  above 
which  we  have  conceded  in  our  kingdom,  and  which  are  to  be  fulfilled, 
as  far  as  pertains  to  us,  in  respect  to  our  men ;  all  men  of  our  kingdom 
as  well  clergy  as  laymen,  shall  observe  as  far  as  pertains  to  them,  in  re- 
spect to  their  men. 

61.  Since,  moreover,  for  the  sake  of  God,  and  for  the  improve- 
ment of  our  kingdom,  and  for  the  better  quieting  of  the  hostility  sprang 
up  lately  between  us  and  our  barons,  we  have  made  all  these  conces- 
sions ;  wishing  them  to  enjoy  these  in  a  complete  and  firm  stability  for- 
ever, we  make  and  concede  to  them  the  security  described  below ;  that 
is  to  say,  that  they  shall  elect  twenty-five  barons  of  the  kingdom,  whom 
they  will,  who  ought  with  all  their  power  to  observe,  hold,  and  cause  to 
be  observed,  the  peace  and  liberties  which  we  have  conceded  to  them, 
and  by  this  our  present  charter  confirmed  to  them ;  in  this  manner, 
that  if  we  or  our  justiciar,  or  our  bailiffs,  or  any  one  of  our  servants 
shall  have  done  wrong  in  any  way  toward  any  one,  or  shall  have  trans- 
gressed any  of  the  articles  of  peace  or  security ;  and  the  wrong  shall 
have  been  shown  to  four  barons  of  the  aforesaid  twenty-five  barons,  let 
those  four  barons  come  to  us  or  to  our  justiciar,  if  we  are  out  of  the 
kingdom,  laying  before  us  the  transgression,  and  let  them  ask  that  we 
cause  that  transgression  to  be  corrected  without  delay.  And  if  we  shall 
not  have  corrected  the  transgression  or,  if  we  shall  be  out  of  the  king- 


1 6  TRANSLATIONS   AND   REPRINTS. 

dom,  if  our  justiciar  shall  not  have  corrected  it  within  a  period  of  forty 
days,  counting  from  the  time  in  which  it  has  been  shown  to  us  or  to  our 
justiciar,  if  we  are  out  of  the  kingdom;  the  aforesaid  four  barons  shall 
refer  the  matter  to  the  remainder  of  the  twenty-five  barons,  and  let 
these  twenty-five  barons  with  the  whole  community  of  the  country  dis- 
tress and  injure  us  in  every  way  they  can;  that  is  to  say  by  the  seizure 
of  our  castles,  lands,  possessions,  and  in  such  other  ways  as  they  can 
until  it  shall  have  been  corrected  according  to  their  judgment,  saving 
our  person  and  that  of  our  queen,  and  those  of  our  children;   and 
when  the  correction  has  been  made,  let  them  devote  themselves  to  us  as 
they  did  before.     And  let  whoever  in  the  country  wishes  take  an  oath 
that  in  all  the  above-mentioned  measures  he  will  obey  the  orders  of  the 
aforesaid  twenty-five  barons,  and  that  he  will  injure  us  as  far  as  he  is 
able  with  them,  and  we  give  permission  to  swear  publicly  and  freely  to 
each  one  who  wishes  to  swear,  and  no  one  will  we  ever  forbid  to  swear. 
All  those,  moreover,  in  the  country  who  of  themselves  and  their  own 
will  are  unwilling  to  take  an  oath  to  the  twenty-five  barons  as  to  dis- 
tressing and  injuring  us  along  with  them,  we  will  compel  to  take  the 
oath  by  our  mandate,  as  before  said.     And  if  any  one  of  the  twenty-five 
barons  shall  have  died  or  departed  from  the  land  or  shall  in  any  other 
way  be  prevented  from  taking  the  above-mentioned  action,  let  the  re- 
mainder of  the  aforesaid  twenty-five  barons  choose  another  in  his  place, 
according  to  their  judgment,  who  shall  take  an  oath  in  the  same  way  as 
the  others.     In  all  those  things,  moreover,  which  are  committed  to  those 
five  and  twenty  barons  to  carry  out,  if  perhaps  the  twenty-five  are  pres- 
ent, and  some  disagreement  arises  among  them  about  something,  or  if 
any   of  them   when   they   have   been   summoned   are  not  willing  or 
are  not  able  to  be  present,  let  that  be  considered  valid  and  firm  which 
the  greater  part  of  those  who  are  present  arrange  or  command,  j  ust  as 
if  the  whole  twenty-five  had  agreed  in  this ;  and  let  the  aforesaid  twenty- 
five  swear  that  they  will  observe  faithfully  all  the  things  which  are 
said  above,  and  with  all  their  ability  cause  them  to  be  observed.     And 
we  will  obtain  nothing  from  anyone,  either  by  ourselves  or  by  another 
by  which  any  of  these  concessions  and  liberties  shall  be  revoked  or  di- 
minished ;  and  if  any  such  thing  shall  have  been  obtained,  let  it  be  in- 
valid and  void,  and  we  will  never  use  it  by  ourselves  or  by  another. 

62.  And  all  ill-will,  grudges,  and  anger  sprung  up  between  us 
and  our  men,  clergy  and  laymen,  from  the  time  of  the  dispute,  we  have 
fully  renounced  and  pardoned  to  all.     Moreover,  all  transgressions  com- 


tX)NFIRMATION   OF   THE   CHARTERS.  1 7 

mitted  on  account  of  this  dispute,  from  Easter  in  the  sixteenth  year  of 
our  reign  till  the  restoration  of  peace,  we  have  fully  remitted  to  all, 
clergy  and  laymen,  and  as  far  as  pertains  to  us,  fully  pardoned.  And 
moreover  we  have  caused  to  be  made  for  them  testimonial  letters-patent 
of  lord  Stephen,  archbishop  of  Canterbury,  lord  Henry,  archbishop  of 
Dublin,  and  of  the  aforesaid  bishops  and  of  master  Pandulf,  in  respect 
to  that  security  and  the  concessions  named  above. 

63.  Wherefore  we  will  and  firmly  command  that  the  Church  of 
England  shall  be  free,  and  that  the  men  in  our  kingdom  shall  have 
and  hold  all  the  aforesaid  liberties,  rights  and  concessions,  well  and 
peacefully,  freely  and  quietly,  fully  and  completely,  for  themselves  and 
their  heirs,  from  us  and  our  heirs,  in  all  things  and  places,  forever,  as 
before  said.  It  has  been  sworn,  moreover,  as  well  on  our  part  as  on 
the  part  of  the  barons,  that  all  these  things  spoken  of  above  shall  be  ob- 
served in  good  faith  and  without  any  evil  intent.  Witness  the  above 
named  and  many  others.  Given  by  our  hand  in  the  meadow  which  is 
called  Runnymede,  between  Windsor  and  Staines,  on  the  fifteenth  day 
of  June,  in  the  seventeenth  year  of  our  reign. 

8,    CORONATION   OATH   OF   HENRY    III.,    A.  D.    I2l6. 
Matthew  Paris,  Greater  Chronicles.     III.  I,  2.     Rolls  Series.     Latin. 

Standing  there  before  the  high  altar,  the  holy  gospels  and  the  rel- 
ics of  many  saints  having  been  placed  near,  Jocelyn  [bishop]  of  Bath 
dictating  the  oath,  he  swore  before  the  clergy  and  people  that  he  would 
observe  honor,  peace,  and  reverence  toward  God  and  holy  church  and 
its  ministers,  all  the  days  of  his  life ;  that  concerning  the  people  com- 
mitted to  him,  he  would  preserve  right  justice;  and  that  he  would  abol- 
ish evil  laws  and  unjust  customs,  if  there  were  such  in  the  realm,  and 
abide  by  the  good  ones,  and  make  them  to  be  observed  by  all  good 
men. 

9.       CONFIRMATION    OF   THE   CHARTERS,    BY    EDWARD    I.,    1 297. 
Statutes  of  the  Realm,  I,  123,  124.     French. 

1.  Edward,  by  the  grace  of  God  king  of  England,  lord  of  Ireland, 
and  duke  of  Aquitaine  to  all  those  that  shall  hear  or  see  these  present 
letters,  greeting :  Know  ye,  that  we  to  the  honor  of  God  and  of  holy 
church,  and  to  the  profit  of  our  realm,  have  granted  for  us  and  our 
heirs  that  the  Charter  of  Liberties  and  the  Charter  of  the  Forest,  which 


1 8  TRANSLATIONS   AND   REPRINTS. 

were  made  by  common  assent  of  all  tbe  realm,  in  the  time  of  King 
Henry  our  father,  shall  be  kept  in  eve^-y  point  without  breach.  And 
we  will  that  the  same  charters  shall  be  sent  under  our  seal  as  well  to 
our  justices  of  the  forest  as  to  others,  and  to  all  sheriffs  of  shires,  and  to 
all  other  officers  and  to  all  our  cities  throughout  the  realm,  together  with 
our  writs,  in  which  it  shall  be  contained  that  they  cause  the  aforesaid 
charters  to  be  published,  and  declare  to  the  people  that  we  have  con- 
firmed them  in  all  points,  and  that  our  justices,  sheriffs,  mayors,  and 
other  officials  which  under  us  have  the  laws  of  our  land  to  guide,  shall 
allow  the  said  charters  pleaded  before  them  in  judgment  in  all  their 
points ;  that  is  to  wit,  the  Great  Charter  as  the  common  law  and  the 
Charter  of  the  Forest  according  to  the  assize  of  the  forest,  for  the  weal  of 
our  realm. 

2.  And  we  will  that  if  any  judgment  be  given  from  henceforth, 
by  the  justices  or  by  any  other  of  our  officials  that  hold  pleas  before 
them,  against  the  points  of  the  charters  aforesaid,  it  shall  be  undone  and 
holden  for  naught. 

3.  And  we  will  that  the  same  charters  shall  be  sent  under  our 
seal  to  cathedral  churches  throughout  our  realm,  there  to  remain,  and 
shall  be  read  before  the  people  twice  yearly. 

4.  And  that  all  archbishops  and  bishops  shall  pronounce  the  sen- 
tence of  greater  excommunication  against  all  those  that  by  word,  deed, 
or  counsel,  do  contrary  to  the  aforesaid  charters,  or  that  in  any  point 
break  or  undo  them.  And  that  the  said  curses  be  twice  a  year  de- 
nounced and  published  by  the  prelates  aforesaid.  And  if  the  same  pre- 
lates or  any  of  them  be  remiss  in  the  denunciation  of  the  said  sentences, 
the  archbishops  of  Canterbury  and  York  for  the  time  being,  as  is  fitting, 
shall  compel  and  distrain  them  to  make  that  denunciation  in  form 
aforesaid. 

5.  iVnd  for  as  much  as  divers  people  of  our  realm  are  in  fear  that 
the  aids  and  tasks  which  they  have  given  to  us  beforetime  towards  our 
wars  and  other  business,  of  their  own  grant  and  good-will,  howsoever 
they  were  made,  might  turn  to  a  bondage  to  them  and  their  heirs,  be. 
cause  they  might  be  at  another  time  found  in  the  rolls,  and  so  likewise 
the  prises  taken  throughout  the  realm  by  our  ministers ;  we  have  granted 
for  us  and  our  heirs,  that  we  shall  not  draw  such  aids,  tasks,  nor  prises, 
into  a  custom,  for  anything  that  hath  been  done  heretofore  or  that  may 
be  found  by  roll  or  in  any  other  manner. 

6.  Moreover  we  have  granted  for  us  and  our  heirs,  as  well  to 


CORONATION   OATH   OF   EDWARD   II.  1 9 

archbishops,  bishops,  abbots,  priors,  and  other  folk  of  holy  church,  as 
also  to  earls,  barons,  aud  to  all  the  commonalty  of  the  land,  that  for  no 
business  from  henceforth  will  we  take  such  manner  of  aids,  tasks,  nor 
prises,  but  by  the  common  consent  of  the  realm,  and  for  the  common 
profit  thereof,  saving  the  ancient  aids  and  prises  due  and  accustomed. 

7.  And  for  as  much  as  the  more  part  of  the  commonalty  of  the 
realm  find  themselves  sore  grieved  with  the  maletote  of  wools,  that  is  to 
wit,  a  toll  of  forty  shillings  for  every  sack  of  wool,  and  have  made  pe- 
tition to  us  to  release  the  same ;  we,  at  their  requests,  have  clearly  re- 
leased it,  and  have  granted  for  us  and  our  heirs  that  we  shall  not  take 
such  thing  or  any  other  without  their  common  assent  and  good- will,  saving 
to  us  and  our  heirs  the  custom  of  wools,  skins,  and  leather  granted  before  by 
the  commonalty  aforesaid.  In  witness  of  which  things  we  have  caused 
these  our  letters  to  be  made  patent.  Witness  Edward,  our  son,  at  Lon- 
don, the  tenth  day  of  October,  the  five  and  twentieth  year  of  our  reign. 

And  be  it  remembered  that  this  same  charter  in  the  same  terms, 
word  for  word,  was  sealed  in  Flanders  under  the  king's  great  seal,  that 
is  to  say  at  Ghent,  the  fifth  day  of  November  in  the  twenty-fifth  year  of 
the  reign  of  our  aforesaid  lord  the  king,  and  sent  into  England. 

10.       CORONATION   OATH   OF   EDWARD   II.,    A.  D.    I307. 
Statutes  of  the  Realm,  I.  168.     French. 

\_Archbishop.']  Sire,  will  you  grant  and  observe,  and  by  your  oath 
confirm  to  the  people  of  England  the  laws  and  customs  granted  to  them 
by  the  ancient  kings  of  England,  your  predecessors,  just  and  devoted  to 
God ;  and  especially  the  laws  and  customs  and  franchises  granted  to  the 
clergy  and  to  the  people  by  the  glorious  king,  saint  Edward,  your  pred- 
ecessor? ^King.']  I  grant  them  and  promise  them.  \_Archbishop,'\  Sire, 
will  you  keep  toward  God  and  holy  church,  and  clergy  and  people  en- 
tire peace  and  concord  in  God,  according  to  your  power?  IKing.']  I  will 
keep  them.  I  Archbishop. ~\  Sire,  will  you  cause  to  be  made  in  all  your 
judgments  equal  and  right  justice  and  judgment,  in  mercy  and  truth, 
according  to  your  power?  IKing.']  I  will  do  it.  \_Archbi8hop.']  Sire, 
do  you  grant  that  the  just  laws  and  customs  will  be  observed  which 
the  commonalty  of  your  realm  have  chosen,  and  do  you  promise  to 
protect  and  enforce  them  to  the  honor  of  God,  according  to  your 
power?  lKi7ig.~\     I  grant  and  promise  it. 


20  TRANSLATIONS   AND    REPRINTS. 

11.     JUDICIAL  DOCUMENTS. 

In  England,  during  the  Saxon  period,  the  hundred  and  the  shire  moots 
evidently  exercised  a  quite  varied  jurisdiction,  an  activity  which  lasted  at  least  to  the 
thirteenth  century.  Feudal  or  private  jurisdiction  grew  up  as  an  intrusion  upon 
these  older  courts  and  with  the  Norman  conquest  an  ecclesiastical  jurisdiction  was 
formally  separated  from  them.  But  it  was  the  judicial  powers  of  the  king  and  of  his 
judges  that  were  destined  to  predominate  over,  and  eventually  to  supersede  all  these 
other  courts.  Moreover  the  centralized  government  of  the  Norman  and  Angevin  kings 
was  made  effective  largely  through  the  agency  of  royal  officials  whose  principal 
duties  were  of  a  judicial  nature.  The  following  documents  are  intended  to  illus- 
trate the  continuance  of  the  earliest  and  the  growth  and  development  of  the  latest 
of  these  forms  of  judicial  organization. 

I.       PROVISIONS    FOR   THE    HUNDRED    AND   SHIRE    COURTS. 

Thorpe :  Ancient  Laws  and  Institutes  of  England,  I.  pp.  258,  and  268. 
Anglo-Saxon  ;  and  Stubbs'  Select  Charters,  p.  81.     Latin. 

Edgar.         This  is  the  ordinance  how  the  hundred  shall  be  held. 

1.  That  they  meet  always  within  four  weeks:  and  that  every 
man  do  justice  to  another. 

2.  That  a  thief  shall  be  pursued If  there  be  imme- 
diate need  let  it  be  made  known  to  the  hundred-man,  and  let  him  inform 
the  tithing-men ;  and  let  all  go  forth  to  where  God  may  direct  them  to 
go:  let  them  do  justice  on  the  thief,  as  it  was  formerly  the  enactment  of 
Edmund.  And  let  the  money  value  be  paid  to  him  who  owns  the 
cattle,  and  the  rest  be  divided  into  two ;  half  to  the  hundred,  half  to 
the  lord,  excepting  men ;  and  let  the  lord  take  possession  of  the  men. 

5.  We  have  also  ordained  ;  if  the  hundred  pursue  a  track  into 
another  hundred,  that  notice  be  given  to  the  hundred-man,  and  that  he 
go  with  them.     If  he  neglect  this,  let  him  pay  thirty  shillings  to  the  king. 

7.  In  the  hundred,  as  in  any  other  court,  we  ordain  that  folk- 
right  be  pronounced  in  every  suit,  and  that  a  term  be  fixed  when  it  shall 
be  fulfilled.  And  he  who  shall  break  that  term,  unless  it  be  by  his 
lord's  decree,  let  him  make  compensation  with  thirty  shillings,  and  on 
the  day  fixed  fulfil  that  which  he  ought  to  have  done  before 

9.  Let  the  iron  that  is  for  the  three-fold  ordeal  weigh  three 
pounds ;  and  for  the  single,  one  pound. 


HUNDRED    AND   SHIRE   MOOT8.  21 

Edgar,  II,  5,  And  let  the  hundred  court  be  attended  as  it  was  be- 
fore fixed ;  and  three  times  in  the  year  let  a  borough  court  be  held ; 
and  twice,  a  shire  court,  and  let  there  be  present  the  bishop  of  the  shire 
and  the  ealdorman,  and  there  let  both  expound  as  well  the  law  of  God 
as  the  secular  law. 

William  I.  8.  Let  the  hundred  and  the  county  be  summoned  as 
our  ancestors  ordered. 


2.       A   SHIRE-MOOT   IN    HEREFORDSHIRE,    ABOUT   A.  D.    IO36. 

Thorpe,  Diplomatarium  Anglicum,  p.  336.     Anglo-Saxon. 

Here  is  made  known  in  this  writing,  that  a  shire-moot  sat  at  Aegel- 
noth's  stone,  in  the  day  of  King  Cnut.  There  sat  Aethelstan,  bishop, 
and  Ranig,  ealdorman,  and  Edwin,  the  ealdorman's  son,  and  Leof- 
wine,  Wulfsige's  son,  and  Thurkil  White ;  and  Tofig  Prud  came  there 
on  the  king's  errand ;  and  Bryning,  shire-reeve,  and  Aegelweard  of 
Frome  and  Leofwine  of  Frome  and  Godric  of  Stoke,  and  all  the  thanes 
in  Herefordshire  were  there.  Then  came  traveling  there  to  the  moot  Ed- 
win, Eanwen's  son,  and  there  raised  a  claim  against  his  own  mother  to  a 
portion  of  land,  namely  at  Wellington  and  Coadley.  Then  asked  the 
bishop,  who  would  answer  for  his  mother.  Then  answered  Thurkil 
White  and  said  that  he  would  if  he  knew  the  claim.  Since  he  did  not 
know  the  claim,  they  deputed  three  thanes  from  the  moot  to  where  she 
was,  which  was  at  Fawley.  These  were  Leofwine  of  Frome,  and 
Aegelsig  the  Red,  and  Winsige  Scaegthman  And  when  they  came  to 
her  they  asked  what  claim  she  had  to  the  lands  for  which  her  son  was 
suing.  Then  said  she  that  she  had  no  land  that  in  any  way  belonged 
to  him,  and  was  bitterly  angry  with  her  son.  Then  she  called  to  her 
Leoflaed,  her  kinswoman,  Thurkil's  wife,  aud  spoke  to  her  as  follows, 
before  them  all :  "  Here  sits  Leoflaed,  my  kinswoman,  to  whom  I  give 
not  only  my  land,  but  my  gold,  and  garments,  and  robes,  and  all  that  I 
own,  after  my  day."  And  she  then  said  to  the  thanes  :  "Do  thane-like 
and  well ;  announce  my  errand  to  the  moot  before  all  the  good  men, 
and  tell  them  to  whom  I  have  given  my  land  and  all  my  property ; 
and  to  my  own  sou  never  anything,  and  bid  them  be  witnesses  of  this." 
And  they  then  did  so,  rode  to  the  moot,  and  declared  to  all  the  good 
men  what  she  had  laid  ujwn  them.  Then  Thurkil  White  stood  up  in 
the  moot  and  prayed  all  the  thanes  to  grant  to  his  wife  clean  the  lands 


22  TRANSLATIONS   AND   REPRINTS. 

which  her  kinswoman  had  given  her,  and  they  did  so.  And  Thurkil 
then  rode  to  St.  Aethelbert's  monastery,  with  the  leave  and  witness  of 
all  the  folk,  and  caused  it  to  be  set  in  a  Christ's  book. 

3.      WRIT   OF   WILLIAM   II.,    FOR   AN    INQUISITION. 
Palgrave's  English  Commonwealth,  II,  clxxix.      Latin. 

The  king  to  William  de  Cahaunis  greeting:  I  require  you  to 
cause  the  shire  of  Hampton  to  meet,  and  on  its  judgment  to  decide 
whether  the  land  of  Isham  paid  a  rent  to  the  monks  of  St.  Benedict,  in 
the  time  of  my  father,  and  if  this  is  found  to  have  been  so,  let  it  be  in 
the  control  of  the  abbot ;  thus  if  it  is  found  to  be  demesne  land,  who- 
ever holds  it  let  him  hold  it  from  the  abbot,  and  acknowledge  him. 
And  if  he  is  not  willing,  let  the  abbot  have  it  in  his  control,  and  see 
that  no  further  complaint  comes  to  me  about  it.  Witness  William, 
bishop  of  Durham. 

4.  WRIT  OF  WILLIAM,  SON  OF  HENRY  I.,  FOR  A  RECOGNITION. 
Palgrave's  English  Commonwealth,  II,  clxxix.  Latin. 
William,  son  of  the  king,  to  William,  sheriff  of  Kent,  greeting : 
I  command  you  to  require  Hamo,  son  of  Vitalis,  and  the  honest  men  of 
the  neighborhood  of  Sandwich,  whom  Hamo  will  nominate,  to  give  a 
verdict  [ut  dicant  veritatein]  concerning  the  ship  of  the  abbot  of  St.  Au- 
gustine. And  if  that  ship  came  by  sea  on  the  day  when  the  king  re- 
cently crossed  the  sea  then  I  command  that  it  should  now  go  free,  until 
the  king  comes  into  England,  and  in  the  meantime  that  it  should  be 
given  back  to  the  aforesaid  abbot.  Witness  the  bishop  of  Salisbury  and 
the  chancellor,  at  Woodstock. 

5.      THE   ASSIZE   OF   CLARENDON,    IT 66. 
Stubbs'  Select  Charters,  137-139.     Latin. 

Here  begins  the  Assize  of  Clarendon,  made  by  King  Henry  II. 
with  the  assent  of  the  archbishops,  bishops,  abbots,  earls  and  barons  of 
all  England. 

§  1.  In  the  first  place,  the  aforesaid  King  Henry,  with  the  con- 
sent of  all  his  barons,  for  the  preservation  of  the  peace  and  the  keeping 
of  justice,  has  enacted  that  inquiry  should  be  made  through  the  several 
counties  and  through  the  several  hundreds,  by  twelve  of  the  most  legal 
men  of  the  hundred  and  by  four  of  the  most  legal  men  of  each  manor, 


ASSIZE   OF    CLARENDON.  23 

upon  their  oath  that  they  will  tell  the  truth,  whether  there  is  in  their 
hundred  or  in  their  manor,  any  man  who  has  been  accused  or  publicly 
suspected  of  himself  being  a  robber,  or  murderer,  or  thief,  or  of  being  a 
receiver  of  robbers,  or  murderers,  or  thieves,  since  the  lord  king  has 
been  king.  And  let  the  justices  make  this  inquiry  before  themselves, 
and  the  sheriffs  before  themselves. 

§  2.  And  let  anyone  who  has  been  found  by  the  oath  of  the 
aforesaid,  to  have  been  accused  or  publicly  suspected  of  having  been  a 
robber,  or  murderer,  or  thief,  or  a  receiver  of  them,  since  the  lord  king 
has  been  king,  be  arrested  and  go  to  the  ordeal  of  water  and  let  him 
swear  that  he  has  not  been  a  robber,  or  murderer,  or  thief,  or  receiver 
of  them  since  the  lord  king  has  been  king,  to  the  value  of  five  shilling's, 
so  far  as  he  knows. 

§  3.  And  if  the  lord  of  the  man  who  has  been  arrested  or  his 
steward  or  his  men  shall  have  claimed  him,  with  a  pledge,  within  the 
third  day  after  he  has  been  seized,  let  him  be  given  up  and  his  chattels 
until  he  himself  makes  his  law. 

§  4.  And  when  a  robber,  or  murderer,  or  thief,  or  receiver  of 
them  shall  have  been  seized  through  the  above-mentioned  oath,  if  the 
justices  are  not  to  come  very  soon  into  that  county  where  they  have 
been  arrested,  let  the  sheriffs  send  word  to  the  nearest  justice  by  some 
intelligent  man  that  they  have  arrested  such  men,  and  the  justices  will 
send  back  word  to  the  sheriffs  where  they  wish  that  these  should  be 
brought  before  them;  and  the  sheriffs  shall  bring  them  before  the 
justices;  and  along  with  these  they  shall  bring  from  the  hundred  and 
the  manor  where  they  have  been  arrested,  two  legal  men  to  carry  the 
record  of  the  county  and  of  the  hundred  as  to  why  they  were  seized, 
and  there  before  the  justice  let  them  make  their  law. 

§  5.  And  in  the  case  of  those  who  have  been  arrested  through 
the  aforesaid  oath  of  this  assize,  no  one  shall  have  court,  or  judgment,  or 
chattels,  except  the  lord  king  in  his  court  before  his  justices,  and  the 
lord  king  shall  have  all  their  chattels.  In  the  case  of  those,  however, 
who  have  been  arrested,  otherwise  than  through  this  oath,  let  it  be  as  it 
has  been  accustomed  and  ought  to  be. 

§  6.  And  the  shenffs  who  have  arrested  them  shall  bring  such 
before  the  justice  without  any  other  summons  than  they  have  from  him. 
And  when  robbers,  or  murderers,  or  thieves,  or  receiver  of  them,  who 
have  been  arrested  through  the  oath  or  otherwise,  are  handed  over  to 
the  sheriffs  they  also  must  receive  them  immediately  without  delay. 


24  TRANSLATIONS   AND   REPRINTS. 

§  7.  And  in  the  several  counties  where  there  are  no  jails,  let  such 
be  made  in  a  borough  or  in  some  castle  of  the  king,  from  the  money  of 
the  king  and  from  his  forest,  if  one  shall  be  near,  or  from  some  other 
neighboring  forest,  on  the  view  of  the  servants  of  the  king ;  in  order 
that  in  them  the  sheriffs  may  be  able  to  detain  those  who  have  been 
seized  by  the  officials  who  are  accustomed  to  do  this  or  by  their  servants. 

§  8.  And  the  lord  king  moreover  wills  that  all  should  come  to 
the  county  courts  to  make  this  oath,  so  that  no  one  shall  remain  behind 
because  of  any  franchise  which  he  has  or  court  or  jurisdiction  which  he 
had,  but  that  they  should  come  to  the  making  of  this  oath. 

§  9.     And  there  is  to  be  no  one  within  a  castle  or  without  a  castle 
or  even  in  the  honor  of  Wallingford,  who  may  forbid  the  sheriffs  to  en- 
ter into  his  court  or  his  land  for  seeing  to  the  frankpledges  and  that  all 
are  under  pledges ;  and  let  them  be  sent  before  the  sheriffs  under  a  free 
pledge. 

§  10.  And  in  cities  and  boroughs,  let  no  one  have  men  or  receive 
them  in  his  house  or  in  his  land  or  his  soc,  whom  he  does  not  take  in 
hand  that  he  will  produce  before  the  justice  if  they  shall  be  required, 
or  else  let  them  be  under  a  frankpledge. 

§  11.  And  let  there  be  none  in  a  city  or  borough  or  in  a  castle  or 
without,  or  even  in  the  honor  of  Wallingford,  who  shall  forbid  the  sher- 
iffs to  enter  into  his  land  or  his  jurisdiction  to  arrest  those  who  have 
been  charged  or  publicly  suspected  of  being  robbers  or  murderers  or 
thieves  or  receivers  of  them,  or  outlaws,  or  persons  charged  concerning 
the  forest ;  but  he  requires  that  they  should  aid  them  to  capture  these. 

§  12.  And  if  any  one  is  captured  who  has  in  his  possession  the 
fruits  of  robbery  or  theft,  if  he  is  of  bad  reputation  and  has  an  evil  testi- 
mony from  the  public,  and  has  not  a  warrant,  let  him  not  have  law. 
And  if  he  shall  not  have  been  accused  on  account  of  the  possession 
which  he  has,  let  him  go  to  the  water. 

§  13.  And  if  any  one  shall  have  acknowledged  robbery  or  mur- 
der or  theft  or  the  reception  of  them  in  the  presence  of  legal  men  or  of 
the  hundreds,  and  afterwards  shall  wish  to  deny  it,  he  shall  not  have 
law. 

§  14.  The  lord  king  wills  moreover  that  those  who  make  their  law 
and  shall  be  absolved  by  the  law,  if  they  are  of  very  bad  testimony,  and 
publicly  and  disgracefully  spoken  ill  of  by  the  testimony  of  many  and 
legal  men,  shall  abjure  the  lands  of  the  king,  so  that  within  eight  days 
they  shall  go  over  the  sea,  unless  the  wind  shall  have  detained  them  ; 


ASSIZE   OF   CLARENDON.  2$ 

and  with  the  first  wind  which  they  shall  have  afterward  they  shall  go 
over  the  sea,  and  they  shall  not  afterward  return  into  England,  except 
on  the  permission  of  the  lord  king ;  and  then  let  them  be  outlawed  if 
they  return,  and  if  they  return  they  shall  be  seized  as  outlaws. 

§  15.  And  the  lord  king  forbids  any  vagabond,  that  is  a  wandering 
or  an  unknown  man,  to  be  sheltered  anywhere  -except  in  a  borough,  and 
even  there  he  shall  be  sheltered  only  one  night,  unless  he  shall  be  sick 
there,  or  his  horse,  so  that  he  is  able  to  show  an  evident  excuse. 

§  16.  And  if  he  shall  have  been  there  more  than  one  night,  let 
him  be  arrested  and  held  until  his  lord  shall  come  to  give  securities  for 
him,  or  until  he  himself  shall  have  secured  pledges  ;  and  let  him  like- 
wise be  arrested  who  has  sheltered  him. 

§  17.  And  if  any  sheriff  shall  have  sent  word  to  any  other  sheriff 
that  men  have  fled  from  his  county  into  another  county,  on  account  of 
robbery  or  murder  or  theft,  or  the  reception  of  them,  or  for  outlawry  or 
for  a  charge  concerning  the  forest  of  the  king,  let  him  arrest  them. 
And  even  if  he  knows  of  himself  or  through  others  that  such  men  have 
fled  into  his  county,  let  him  arrest  them  and  hold  them  until  he  shall 
have  secured  pledges  from  them. 

§  18.  And  let  all  sheriffs  cause  a  list  to  be  made  of  all  fugitives 
who  have  fled  from  their  counties  ;  and  let  them  do  this  in  the  presence 
of  their  county  courts,  and  they  will  carry  the  written  names  of  these 
before  the  justices  when  they  come  first  before  these,  so  that  they  may 
be  sought  through  all  England,  and  their  chattels  may  be  seized  for  the 
use  of  the  king. 

§  19.  And  the  lord  king  wills  that,  from  the  time  when  the  sher- 
iffs have  received  the  summons  of  the  justices  in  eyre  to  appear  before 
them  with  their  county  courts,  they  shall  gather  together  their  county 
courts  and  make  inquiry  for  all  who  have  recently  come  into  their 
counties  since  this  assize ;  and  that  they  should  send  them  away  with 
pledges  that  they  will  be  before  the  justices,  or  else  keep  them  in  custody 
until  the  justices  come  to  them,  and  then  they  shall  have  them  before 
the  justices. 

§  20.  The  lord  king  moreover  prohibits  monks  and  canons  and 
all  religious  houses  from  receiving  any  one  of  the  lesser  people  as  a 
monk  or  canon  or  brother,  until  it  is  known  of  what  reputation  he  is, 
unless  he  shall  be  sick  unto  death. 

§  21.  The  lord  king  moreover  forbids  any  one  in  all  England  to 
receive  in  his  land  or  his  jurisdiction  or  in  a  house  under  him  any  one 


26  TRANSLATIONS   AND   REPRINTS. 

of  the  sect  of  those  renegades  who  have  been  excommunicated  and 
branded  at  Oxford.  And  if  anyone  shall  have  received  them,  he  will 
be  at  the  mercy  of  the  lord  king,  and  the  house  in  which  they  have 
been  shall  be  carried  outside  the  village  and  burned.  And  each  sheriff 
will  take  this  oath  that  he  will  hold  this,  and  will  make  all  his  ser- 
vants swear  this,  and  the  stewards  of  the  barons,  and  all  knights  and 
free  tenants  of  the  counties. 

§  22.     And  the  lord  king  wills  that  this  assize  shall  be  held  in 
his  kingdom  so  long  as  it  shall  please  him. 

6.      THE   CONSTITUTIONS   OF   CLARENDON,    A.  D.    II 64. 
Stubbs'  Select  Charters,  131-134.     Latin. 

In  the  year  of  the  incarnation  of  the  Lord,  1164,  of  the  papacy  of 
Alexander,  the  fourth  year,  of  the  most  illustrious  king  of  the  English, 
Henry  II.,  the  tenth  year,  in  the  presence  of  the  same  king,  has  been 
made  this  memorial  or  acknowledgment  of  a  certain  part  of  the  customs 
and  franchises  and  dignities  of  his  predecessors,  that  is  to  say  of  King 
Henry,  his  grandfather,  and  of  other  kings,  which  ought  to  be  observed 
and  held  in  the  kingdom.  And  on  account  of  the  discussions  and  dis- 
putes which  have  arisen  between  the  clergy  and  the  justices  of  our  lord 
the  king  and  the  barons  of  the  kingdom  concerning  the  customs  and 
dignities,  this  acknowledgment  is  made  in  the  presence  of  the  archbishops 
and  bishops  and  clergy  and  earls  and  barons  and  principal  men  of  the 
kingdom.  And  these  customs,  acknowledged  by  the  archbishops  and 
bishops  and  earls  and  barons,  and  by  the  most  noble  and  ancient  of  the 
kingdom,  Thomas,  archbishop  of  Canterbury,  and  Roger,  archbishop  of 
York,  and  Gilbert,  bishop  of  London,  and  Henry,  bishop  of  Winchester, 
and  Nigel,  bishop  of  Ely,  and  William,  bishop  of  Norwich,  and  Robert, 
bishop  of  Lincoln,  and  Hilary,  bishop  of  Chichester,  and  Jocelyn,  bishop 
of  Salisbury,  and  Richard,  bishop  of  Chester,  and  Bartholomew,  bishop 
of  Exeter,  and  Robert,  bishop  of  Hereford,  and  David,  bishop  of  Man, 
and  Roger,  bishoi>elect  of  Worcester  have  conceded,  and  in  the  word  of 
truth  by  their  living  voice  have  firmly  promised  to  the  lord  king  and 
to  his  heirs  should  be  held  and  observed,  in  good  faith  and  without  any 
evil  intention ;  the  following  being  present :  Robert,  earl  of  Leicester, 
Reginald,  earl  of  Cornwall,  Conan,  count  of  Brittany,  John,  count  of 
Eu,  Roger,  earl  of  Clare,  earl  Geoffrey  de  Mandeville,  Hugh,  earl  of 
Chester,  William,  earl  of  Arundel,  Earl  Patrick,  William,  earl 
Ferrers,  Richard  de  Lacy,  Reginald  de  St.  Valery,  Roger  Bigod,  Reg- 


CONSTITUTIONS   OF    CLARENDON.  27 

inald  de  Warenne,  Richer  de  iVquila,  William  de  Braose^  Richard  de 
Camville,  Nigel  de  Mowbray,  Simon  de  Warfield,  Humphrey  de 
Bohuu,  Matthew  de  Hereford,  Walter  de  Medway,  Manasses  Bisett, 
steward,  William  Malet,  William  de  Courcy,  Robert  de  Dunstauville, 
Jocelyn  de  Balliol,  William  de  Lanvale,  William  de  Cheyney,  Geoffrey 
de  Vere,  William  de  Hastings,  Hugh  de  Moreville,  Alan  de  Neville, 
Simon  Fitz-Peter,  William  Malduit,  chamberlain,  John  Malduit,  eTohn 
Marshall,  Peter  de  Mare,  and  many  others  of  the  principal  men  and 
nobles  of  the  kingdom,  as  well  clergy  as  laity. 

Of  these  acknowledged  customs  and  dignities  of  the  realm,  a  cer- 
tain part  is  contained  in  the  present  writing.  Of  this  part  the  heads 
are  as  follows : 

§  1.  If  any  controversy  has  arisen  concerning  the  advowson  and 
presentation  of  churches  between  laymen,  or  between  laymen  and  eccle- 
siastics, or  between  ecclesiastics,  it  is  to  be  considered  or  settled  in  the 
court  of  the  lord  king. 

§  2.  Churches  of  the  fee  of  the  lord  king  cannot  be  given  perpet- 
ually without  his  assent  and  grant. 

§  3.  Clergymen  charged  and  accused  of  anything,  when  they 
have  been  summoned  by  a  justice  of  the  king  shall  come  into  his  court, 
to  respond  there  to  that  which  it  shall  seem  good  to  the  court  of  the 
king  for  them  to  respond  to,  and  in  the  ecclesiastical  court  to  what  it 
shall  seem  good  should  be  responded  to  there;  so  that  the  justice  of  the 
king  shall  send  into  the  court  of  holy  church  to  see  how  the  matter  shall 
be  treated  there.  And  if  a  clergyman  shall  have  been  convicted  or 
has  confessed,  the  church  ought  not  to  protect  him  otherwise. 

§  4.  It  is  not  lawful  for  archbishops,  bishops,  and  persons  of  the 
realm  to  go  out  of  the  realm  without  the  permission  of  the  lord  king. 
And  if  they  go  out,  if  it  please  the  lord  king,  they  shall  give  security 
that  neither  in  going  nor  in  making  a  stay  nor  in  returning  will  they 
seek  evil  or  loss  to  the  king  or  the  kingdom. 

§  5.  Excommunicated  persons  ought  not  to  give  permanent  se- 
curity nor  offer  an  oath,  but  only  security  and  a  pledge  to  stand  to  the 
judgment  of  the  church,  in  order  that  they  may  be  absolved. 

§  6.  Laymen  ought  not  to  be  accused  except  by  definite  and  le- 
gal accusers  and  witnesses,  in  the  presence  of  the  bishop,  so  that  the 
archdeacon  shall  not  lose  his  right,  nor  anything  which  he  ought  to  have 
from  it.  And  if  there  are  such  persons  as  are  blamed,  but  no  one 
wishes  or  no  one  dares  to  accuse  them,  let  the  sheriff  when  required  by 


28  TRANSLATIONS   AND   REPRINTS. 

the  bishop  cause  twelve  legal  men  of  the  neighborhood  or  of  the  town, 
ship  to  take  an  oath  in  the  presence  of  the  bishop  that  they  will  show 
the  truth  about  it  according  to  their  conscience. 

§  7.  No  one  who  holds  from  the  king  in  chief,  nor  any  one  of  the 
officers  of  his  demesnes  shall  be  excommunicated,  nor  the  lands  of  any 
one  of  them  placed  under  an  interdict,  unless  the  lord  king,  if  he  is  in 
the  land,  first  agrees,  or  his  justice,  if  he  is  out  of  the  realm,  in  order 
that  he  may  do  right  concerning  him ;  and  so  that  what  shall  pertain  to 
the  king's  court  shall  be  settled  there,  and  for  that  which  has  respect  to 
the  ecclesiastical  court,  that  it  may  be  sent  to  the  same  to  be  considered 
there. 

§  8.  Concerning  appeals,  if  they  should  occur,  they  ought  to  pro- 
ceed from  the  archdeacon  to  the  bishop,  from  the  bishop  to  the  arch, 
bishop.  And  if  the  archbishop  should  fail  to  show  justice,  it  must  come 
to  the  lord  king  last,  in  order  that  by  his  command  the  controversy 
should  be  finally  terminated  in  the  court  of  the  archbishop,  so  that  it 
ought  not  to  proceed  further  without  the  assent  of  the  lord  king. 

§  9.  If  a  contest  has  arisen  between  a  clergyman  and  a  layman 
or  between  a  layman  and  a  clergyman,  concerning  any  tenement  which 
the  clergymen  wishes  to  bring  into  charitable  tenure,  but  the  layman 
into  a  lay  fief,  it  shall  be  settled  by  the  deliberation  of  a  principal  jus- 
tice of  the  king,  on  the  recognition  of  twelve  legal  men,  whether  the 
tenement  pertains  to  charity  or  to  a  lay  fief,  in  the  presence  of  that  jus- 
tice of  the  king.  And  if  the  recognition  shall  decide  that  it  belongs  to 
charity,  the  suit  will  be  in  the  ecclesiastical  court,  but  if  to  a  lay  fief, 
unless  both  are  answerable  to  the  same  bishop  or  baron,  the  suit  will  be 
in  the  king's  court.  But  if  both  shall  be  answerable  concerning  that 
fief  before  the  same  bishop  or  baron,  the  suit  will  be  in  his  court,  pro- 
vided that  the  one  who  was  formerly  in  possession  shall  not  lose  his  pos- 
session on  account  of  the  recognition  which  has  been  made  until  it  has 
been  decided  upon  through  the  suit. 

§  10.  If  any  one  who  is  of  a  city  or  a  castle  or  a  borough  or  a 
demesne  manor  of  the  lord  king  has  been  summoned  by  the  archdeacon 
or  the  bishop  for  any  offence  for  which  he  ought  to  respond  to  them, 
and  is  unwilling  to  make  answer  to  their  summons,  it  is  fully  lawful  to 
place  him  under  an  interdict,  but  he  ought  not  to  be  excommunicated 
before  the  principal  officer  of  the  lord  king  for  that  place  agrees,  in 
order  that  he  may  adjudge  him  to  come  to  the  answer.  And  if  the  of- 
ficer of  the  king  is  negligent  in  this,  he  himself  will  be  at  the  mercy  of 


CONSTITUTIONS   OF   CLARENDON.  29 

the  lord  king,  and  afterward  the  bishop  shall  be  able  to  coerce  the  ac- 
cused man  by  ecclesiastical  justice. 

§  11.  Archbishops,  bishops,  and  all  persons  of  the  realm,  who 
hold  from  the  king  in  chief,  have  their  possessions  from  the  lord  king  as  a 
barony,  and  are  responsible  for  them  to  the  justices  and  officers  of  the 
king,  and  follow  and  perform  all  royal  rules  and  customs;  and  just  as 
the  rest  of  the  barons  ought  to  be  present  at  the  judgment  of  the  court 
of  the  lord  king  along  with  the  barons,  at  least  till  the  j  udgment  reaches 
to  loss  of  limbs  or  to  death. 

§  12.  When  an  archbishopric  or  bishopric  or  abbacy  or  priorate 
of  the  demesne  of  the  king  has  become  vacant,  it  ought  to  be  in  his  hands 
and  he  shall  take  thence  all  its  rights  and  products  just  as  demesnes. 
And  when  it  has  come  to  providing  for  the  church,  the  lord  king  ought 
to  summon  the  more  powerful  persons  of  the  church,  and  the  election 
ought  to  be  made  in  the  chapel  of  the  lord  king  himself,  with  the  assent 
of  the  lord  king  and  with  the  agreement  of  the  persons  of  the  realm 
whom  he  has  called  to  do  this.  And  there  the  person  elected  shall  do 
homage  and  fealty  to  the  lord  king  as  to  his  liege  lord,  concerning  his 
life  and  his  limbs  and  his  earthly  honor,  saving  his  order,  before  he 
shall  be  consecrated. 

§  13.  If  any  one  of  the  great  men  of  the  kingdom  has  prevented 
archbishop,  bishop  or  archdeacon  from  exercising  justice  upon  himself 
or  his,  the  lord  king  ought  to  bring  him  to  justice.  And  if  by  chance 
anyone  has  deprived  the  lord  king  of  his  right,  the  archbishops  and 
bishops  and  archdeacons  ought  to  bring  him  to  justice  in  order  that  he 
may  give  satisfaction  to  the  lord  king. 

§  14.  The  chattels  of  those  who  are  in  forfeiture  to  the  king  no 
church  or  church-yard  must  detain  against  the  justice  of  the  king,  be- 
cause they  are  the  king's  whether  they  have  been  found  within  the 
churches  or  without. 

§  15.  Suits  concerning  debts  which  are  owed  through  the  me- 
dium of  a  bond  or  without  the  medium  of  a  bond  should  be  in  the  ju- 
risdiction of  the  king. 

§  16.  Sons  of  rustics  ought  not  to  be  ordained  without  the  assent 
of  the  lord  upon  whose  land  they  are  known  to  have  been  born. 

The  acknowledgment  of  the  aforesaid  royal  customs  and  dignities 
has  been  made  by  the  aforesaid  archbishops,  and  bishops,  and  earls,  and 
barons,  and  the  more  noble  and  ancient  of  the  realm,  at  Clarendon,  on 
the  fourth  day  before  the  Purification  of  the  Blessed  Mary,  perpetual 


30  TRANSLATIONS   AND   REPRINTS. 

Virgin,  Lord  Henry  being  there  present  with  his  father,  the  lord  king. 
There  are,  however,  many  other  and  great  customs  and  dignities  of 
holy  mother  church  and  of  the  lord  king,  and  of  the  barons  of  the 
realm,  which  are  not  contained  in  this  writing.  These  are  preserved  to 
holy  church  and  to  the  lord  king  and  to  his  heirs  and  to  the  barons  of 
the  realm,  and  shall  be  observed  inviolably  forever. 

7.      TYPICAL   CRIMINAL   CASES    IN    THE    KING's    COURTS,    I2OI-I214. 
Selden  Society  Publications  :  Maitland  ;  Select  Pleas  of  the  Crown,  pp.  i,  14, 
18,  27,  29,  75.     Latin. 

Denise.  who  was  wife  of  Anthony,  summons  Nicholas  Kam  for  the 
death  of  Anthony,  her  husband,  as  having  wickedly  killed  her  hus- 
band; and  this  she  offers  to  prove  against  him  under  award  of  the  court. 
And  Nicholas  denies  it  all.  It  is  adjudged  that  Denise  has  no  right  of 
summons,  because  she  does  not  claim  in  her  accusation  that  she  saw  it 
The  jurors  being  asked  say  that  they  suspect  him  of  it,  and  the  whole 
county  likewise  suspects  him.  Let  Nicholas  purge  himself  by  water, 
according  to  the  assize.     He  has  found  sureties. 

Hugh  of  Ruperes  summons  John  of  Ashby  because  he  in  the 
king's  peace  and  wickedly  came  into  his  meadows  and  pastured  his  cat- 
tle on  them,  and  this  he  offers,  etc.  And  John  comes  and  denies  it  all. 
And  since  it  has  been  testified  by  the  sheriff  and  by  the  guardians  of 
the  pleas  of  the  crown,  that  he  had  previously  summoned  John  for  the 
pasturing  of  his  meadows  and  for  the  beating  of  his  men,  and  now  is  not 
willing  to  pursue  his  accusation  concerning  the  men,  but  only  concern- 
ing the  meadows,  and  moreover  an  accusation  of  the  pasturing  of  meadows 
does  not  pertain  to  the  king's  crow^n,  it  is  judged  that  the  accusation  is 
of  no  effect,  and  therefore  let  Hugh  be  in  mercy  and  John  be  declared 
quit.     Hugh  is  in  custody  because  he  cannot  find  securities. 

Here  ward,  the  son  of  William,  accuses  Walter,  the  son  of  Hugh, 
of  assaulting  him,  in  the  king's  peace,  and  wounding  him  in  the  arm 
with  a  certain  iron  fork,  and  giving  him  another  wound  on  the  head ; 
and  this  he  offers  to  prove  on  his  body,  as  the  court  shall  approve. 
And  Walter  denies  it  all,  on  his  body.  And  it  is  testified  by  the  cor- 
oners and  by  the  whole  county  that  the  same  Hereward  showed  his 
wounds  at  the  proper  time,  and  has  made  sufficient  suit.  And  it  is 
therefore  adjudged  that  a  battle  should  be  made.  The  securities  of 
Walter  are  Peter  of  Gosberton  church  and  Richard,  the  son  of  Here- 
ward;  the  securities  of  Hereward  are  William,  his  father,  and  the 


TYPICAL   CASES   IN   THE   KINGS   COURTS.  3 1 

Prior   of  Pinchl^eck.      Let   them   come   armed,  a   fortnight  from  St. 
Swithin's  day,  at  Leicester. 

Lambert,  the  miller,  complains  that  Clarice,  wife  of  Lawrence,  the 
son  of  Walter,  sold  him  beer  by  a  false  gallon,  and  produces  testimony 
which  report  that  they  were  present  when  she  thus  sold  by  that  gallon, 
that  is  to  say,  three  gallons  for  a  penny.  Clarice  comes  and  denies  that 
she  sold  by  a  false  gallon,  or  that  she  sold  by  that  gallon  which  he  said 
was  hers  as  being  a  whole  gallon,  but  as  being  a  half-gallon.  Let  her 
defend  herself  with  twelve  hands  on  the  coming  of  the  justices.  She 
has  given  securities.  Security  for  her  law,  William,  son  of  Ascelin ; 
securities  of  Lambert  to  prosecute,  William  Sanguinel,  Richard,  son  of 
Geoffrey,  Dennis,  son  of  Lambert,  and  Walter  the  miller. 

A  certain  Lemis  is  suspected  by  the  jurors  of  being  present  when 
Reinild  of  Hemchurch  was  slain,  and  of  having  given  aid  and  consent 
to  her  death.  And  she  denies  it.  Therefore  let  her  purge  herself  by 
the  ordeal  of  iron ;  but  as  she  is  ill,  let  it  be  postponed  until  she  recovers. 

Walter  Trenchebof  was  asserted  to  have  handed  to  Inger  of  Fald- 
ingthorpe  the  knife  with  which  he  killed  Guy  Foliot,  and  is  suspected 
ot  it.  Let  him  purge  himself  by  water  that  he  did  not  consent  to  it. 
He  has  failed  and  is  hanged. 

Simon,  the  son  of  Robert,  who  was  captured  in  company  with 
thieves  and  was  held  in  prison  because  he  was  under  age  must  likewise 
purge  himself  by  water.     He  has  purged  himself  and  abjured  the  realm. 

8.  TYPICAL  RECOGNITIONS  ON  THE  ASSIZES,  IN  THE  KING's 
COURTS,  1 200-1203. 
Selden  Society  Publications,  Bailden  ;  Select  Civil  Pleas,  pp.  25,  51,  63,  61.  Latin. 
John  of  Kilj)eck  demands  against  the  abbot  of  Hagman  the  cus- 
toms and  right  services,  that  is,  the  fifth  part  of  one  knight,  which  he 
owes  him  for  the  free  tenement  which  he  holds  from  him  in  Beobridge. 
And  the  abbot  comes  and  says  that  he  does  not  owe  that  service,  nor 
does  it  appertain  to  that  tenement ;  and  in  this  matter  he  puts  himself 
upon  the  great  assize  of  our  lord  the  king,  and  asks  that  a  recognition 
may  be  made  thereof.  Let  it  be  made.  Let  John  have  a  writ  to  sum- 
mon four  knights  to  elect  twelve  to  make  a  recognition  thereof  on  the 
coming  of  the  justices. 

The  assize  of  novel  disseisin  between    William   Torell,  plaintiff, 


32  TRANSLATIONS   AND   REPRINIU 

and  the  abbot  of  Stratford  concerniDg  a  certain  dike  thrown  down  in 
Little  Thurrock  to  the  damage  of  the  free  tenement  of  William  Torell 
in  the  same  town  is  postponed  till  the  week  after  St.  Hilary's  day,  be- 
cause of  the  recognitors ;  of  whom  some  excused  themselves,  and  some 
came,  etc.,  and  Hugh  of  Boyton  and  five  others  made  default.  And 
the  abbot  comes  and  says  that  a  certain  law  was  made  in  the  time  of 
King  Henry  the  father,  concerning  the  marshes,  and  he  prays  that  it 
may  be  observed.  Therefore  the  sheriff  is  commanded  to  provide  such 
recognitors  as  know  the  law  of  the  marsh,  and  who  know  the  truth,  to 
say  whether  the  throwing  down  of  that  dike  is  to  William's  damage,  or 
not. 

The  assize  of  mort  d' ancestor  between  Alice,  daughter  of  Duke,  by 
William,  her  attorney,  and  Alan,  brother  of  Alan,  and  John,  son  of 
Alan,  regarding  half  a  messuage  with  appurtenances  in  the  town  of  St. 
Botolph  is  postponed  till  the  fortnight  after  Trinity,  because  some  of 
the  recognitors  excused  themselves,  and  some  came ;  and  the  same  day 
is  given  to  them.  Master  Roger  Grernun,  Robert,  son  of  Mussa,  Wil- 
liam Res,  and  Hamo,  son  of  Hereward,  are  attached;  and  let  the  sheriff 
appoint  six  lawful  men  of  the  town  of  St.  Botolph  who  are  discreet  and 
who  know  the  truth  of  the  matter  and  none  of  whom  is  related  to  the 
aforesaid  parties,  to  be  there  at  the  same  time. 

The  assize  of  darrein  presentement  to  the  church  of  Weston,  be- 
tween William  de  Colville,  petitioner,  and  the  prior  of  Lewes,  concern- 
ing the  church  of  Weston,  [is  postponed]  sine  die,  because  William  de 
Colville  did  not  keep  the  appointed  day,  and  the  writ  did  not  mention 
his  wife,  who  had  the  inheritance.  Wherefore  William  is  in  mercy, 
and  also  his  pledges  Roger  of  the  Wood  and  John  Langvillun. 

Sarah  Delaware  complains  that  Geoffrey  de.  Tichesie  exacted  from 
her  more  service  than  it  had  been  recognized  in  the  king's  court  was  due  to 
him.  And  Geoffrey  comes  and  declares  that  there  was  never  any  plea 
between  them  in  the  king's  court  touching  the  services ;  and  it  was  tes- 
tified by  the  record  of  the  justices  that  the  plea  was  in  the  county  court. 
Let  it  be  again  in  the  county  court. 


WRITS   OF   SUMMONS   TO    PARLIAMENT.  33 

III.      WRITS  OF  SUMMONS  TO  PARLIAMENT. 

From  the  earliest  period  of  the  Norman  rule,  the  greater  tenants-in-chief  were 
summoned,  from  time  to  time,  by  formal  writs,  to  perform  their  due  military  ser- 
vice to  the  king  or  to  give  him  their  counsel  in  matters  of  government.  The  per- 
formance of  this  latter  function  gave  rise  to  the  more  or  less  regular  meeting  of 
Parliament,  to  which  the  barons  and  prelates  were  still  summoned  by  special  writs. 
"When  a  larger  representation  of  the  nation  was  desired  by  the  king,  during  the 
thirteenth  century,  writs  were  sent  to  the  sheriffs  ordering  them  to  send  up  to  the 
Parliament  representatives  of  the  county  and  town  communities.  The  following 
writs  represent  respectively  a  summons  to  the  great  nobles  before  the  admission  of 
the  commons,  and  to  each  of  the  three  estates  for  the  "model  parliament  "  of  1295. 

I.       A  WRIT   OF   SUMMONS   OF   THE  LORDS,  SPIRITUAL  AND  TEMPORAL, 
TO    A    PARLIAMENT,    26    HENRY    IIL    (1242.) 
Lx)rds'  Report  on  the  Dignity  of  a  Peer,  ii,  7.     Latin. 

The  King  to  the  venerable  father  in  Christ  W.  archbishop  of  York, 
greeting.  We  command  and  require  you,  as  you  love  us  and  our  honor, 
and  your  own  equally,  and  in  the  faith  by  which  you  are  held  to  us, 
that  lapng  aside  all  other  business,  you  be  with  us  at  London,  fifteen 
days  after  St.  Hilary's  day,  to  discuss  with  us,  along  with  the  rest  of 
our  magnates  whom  we  have  similarly  caused  to  be  convoked,  our  ar- 
duous affairs  and  those  things  which  more  specially  touch  our  state  and 
that  of  our  whole  kingdom ;  and  that  you  in  no  way  fail  to  perform  this. 
Witness  the  king  at  Windsor,  Dec.  14th. 

In  the  same  way  it  is  written  to  all  the  bishops,  abbots,  earls,  and 
barons. 

2.      SUMMONS   OF   A   BISHOP   TO   PARLIAMENT,    1 295. 
Lords'  Report  on  the  Dignity  of  a  Peer,  ii,  67.     Latin. 

The  King  to  the  venerable  father  in  Christ  Robert,  by  the  same 
grace  archbishop  of  Canterbury,  primate  of  all  England,  greeting.  As 
a  most  just  law,  established  by  the  careful  providence  of  sacred  princes, 
exhorts  and  decrees  that  what  affects  all,  by  all  should  be  approved,  so 
also,  very  evidently  should  common  danger  be  met  by  means  provided 
in  common.  You  know  sufficiently  well,  and  it  is  now,  as  we  believe, 
divulged  through  all  regions  of  the  world,  how  the  king  of  France  frau- 
dulently and  craftily  deprives  us  of  our  land  of  Gascony,  by  withholding 
it  unjustly  from  us.  Now,  however,  not  satisfied  with  the  before-men- 
tioned fraud  and  injustice,  having  gathered  together  for  the  conquest  of 


34  TRANSLATIONS   AND    REPRINTS. 

our  kingdom  a  very  great  fleet,  and  an  abounding  multitude  of  war- 
riors, with  which  he  has  made  a  hostile  attack  on  our  kingdom  and  the 
inhabitants  of  the  same  kingdom,  he  now  proposes  to  destroy  the  Eng- 
lish language  altogether  from  the  earth,  if  his  power  should  correspond 
to  the  detestable  proposition  of  the  contemplated  injustice,  which  God 
forbid.  Because,  therefore,  darts  seen  beforehand  do  less  injury,  and 
your  interest  especially,  as  that  of  the  rest  of  the  citizens  of  the  same 
realm,  is  concerned  in  this  affair,  we  command  you,  strictly  enjoining 
you  in  the  fidelity  and  love  in  which  you  are  bound  to  us,  that  on  the 
Lord's  day  next  after  the  feast  of  St.  Martin,  in  the  approaching  winter, 
you  be  present  in  person  at  Westminster ;  citing  beforehand  the  dean 
and  chapter  of  your  church,  the  archdeacons  and  all  the  clergy  of  your 
diocese,  causing  the  same  dean  and  archdeacons  in  their  own  persons, 
and  the  said  chapter  by  one  suitable  proctor,  and  the  said  clergy  by 
two,  to  be  present  along  with  you,  having  full  and  sufficient  power  from 
the  same  chapter  and  clergy,  to  consider,  ordain  and  provide,  along  with 
us  and  with  the  rest  of  the  prelates  and  principal  men  and  other  inhab- 
itants of  our  kingdom,  how  the  dangers  and  threatened  evils  of  this 
kind  are  to  be  met.  Witness  the  king  at  Wangham,  the  thirtieth  day 
of  September. 

Identical  summons  were  sent  out  to  the  two  archbishops  and  eighteen 
bishops,  and,  with  the  omission  of  the  last  paragraph,  to  seventy  abbots. 

3.      SUMMONS   OP'   A    BARON   TO   PARLIAMENT,    1 295. 
Lords'  Report  on  the  Dignity  of  a  Peer,  ii,  68. 

The  Idng  to  his  beloved  and  faithful  relative,  Edmund,  Earl  of 
Cornwall,  greeting.  Because  we  wish  to  have  a  consultation  and  meet- 
ing with  you  and  v/ith  the  rest  of  the  principal  men  of  our  kingdom, 
as  to  provision  for  remedies  against  the  dangers  which  in  these  days  are 
threatening  our  whole  kingdom ;  we  command  you,  strictly  enjoining 
you  in  the  fidelity  and  love  in  which  3''ou  are  bound  to  us,  that  on  the 
Lord's  day  next  after  the  feast  of  St.  Martin,  in  the  approaching  win- 
ter, you  be  present  in  person  at  Westminster,  for  considering,  ordaining 
and  doing  along  with  us  and  with  the  prelates,  and  the  rest  of  the  prin- 
cipal men  and  other  inhabitants  of  our  kingdom,  as  may  be  necessary 
for  meeting  dangers  of  this  kind. 

Witness  the  king  at  Canterbury,  the  first  of  October. 

Similar  summons  ivere  sent  to  seven  earls  and  forty-one  barons. 


PARLIAMENTARY   WRITS.  35 

4.      SUMMONS  OF  REPRESENTATIVES  OF  SHIRES  AND  TOWNS  TO 

PARLIAMENT,   1 295. 

Lords*  Report  on  the  Dignity  of  a  Peer,  ii,  66. 

The  king  to  the  sheriff  of  Northamptonshire.  Since  we  intend  to 
have  a  consultation  and  meeting  with  the  earls,  barons  and  other  prin- 
cipal men  of  our  kingdom  with  regard  to  providing  remedies  against  the 
dangers  which  are  in  these  days  threatening  the  same  kingdom  ;  and  on 
that  account  have  commanded  them  to  be  with  us  on  the  Lord's  day 
next  after  the  feast  of  St.  Martin  in  the  approaching  winter,  at  West- 
minster, to  consider,  ordain,  and  do  as  may  be  necessary  for  the  avoid- 
ance of  these  dangers ;  we  strictly  require  you  to  to  cause  two  knights 
from  the  aforesaid  county,  two  citizens  from  each  city  in  the  same  coun- 
ty, and  two  burgesses  from  each  borough,  of  those  who  are  especially 
discreet  and  capable  of  laboring,  to  be  elected  without  delay,  and  to 
cause  them  to  come  to  us  at  the  aforesaid  time  and  place. 

Moreover,  the  said  knights  are  to  have  full  and  sufficient  power  for 
themselves  and  for  the  community  of  the  aforesaid  county,  and  the  said 
citizens  and  burgesses  for  themselves  and  the  communities  of  the  aforesaid 
cities  and  boroughs  separately,  then  and  there  for  doing  what  shall  then 
be  ordained  according  to  the  common  counsel  in  the  premises ;  so  that 
the  aforesaid  business  shall  not  remain  unfinished  in  any  way  for  defect 
of  this  power.  And  you  shall  have  there  the  names  of  the  knights,  cit- 
izens and  burgesses  and  this  writ. 

Witness  the  king  at  Canterbury  on  the  third  day  of  October. 

Identical  summons  were  sent  to  the  sheriffs  of  each  county. 


36  TRANSLATIONS   AND   REPRINTS. 

SELECT  BIBLIOGRAPHY. 

Stubbs,  William :  Constitutional  History  of  England.  3  vols.  Clarendon  Press. 
Fifth  Edition  just  completed. 
This  book  covers  the  whole  period  of  English  Constitutional  History  to  the 
close  of  the  Middle  Ages.  It  remains  above  all  comparison  the  most  learned,  most 
detailed,  and  most  moderate  work  on  the  subject.  But  these  very  quahties  make  it 
rather  a  work  for  reference  than  for  continuous  study  or  reading. 

Taswell-Langmead,  Thomas  Pitt :  English  Constitutional  History,  i  vol., 
875  pp.  Boston  ;  Houghton,  Mifflin  &  Co.  Fourth  Edition,  1890. 
This  is  the  best  single  volume  work  covering  the  whole  period  of  English  Con- 
stitutional History.  That  portion  which  precedes  the  Norman  Conquest  is  how- 
ever distinctly  inferior  to  the  remaining  part  of  the  work,  being  inadequate  in 
amount  and  largely  incorrect  in  substance.  It  is  unfortunately  quite  expensive, 
the  price  being  $5.50 

Medley,  D.  J.:    A  Student's  Manual    of  English  Constitutioral  History. 

1  vol.,  583  pp.     Oxford  and  London,  1894. 

This  is  a  most  excellent  work,  including  the  most  recent  investigations  and 
conclusions  in  the  field  of  English  Constitu tonal  History  in  its  widest  extension. 
Its  arrangement,  however,  being  by  subjects,  not  chronologically,  makes  it  rather 
a  study  of  the  elements  of  the  constitution  from  an  historical  standpoint,  than  a 
history  of  constitutional  development  in  any  proper  sense,  and  makes  it  unsuited 
for  use  as  a  text-book  on  the  subject. 

Pollock  and  Maitland  :  History  of  English  Law  before  the  Time  of  Edward  I. 

2  vols.     Cambridge,  England,  1895. 

Although  this  work  professes  to  exclude  all  matters  of  a  purely  constitutional 
nature,  it  necessarily  includes  much  of  the  organization  of  jurisdiction,  of  the  dis- 
tinction of  political  classes  in  the  community,  and  of  other  matters  on  the  borderland 
between  the  government  and  law,  and  with  Prof.  Maitlan<i's  Domesday  and  Be- 
yond is  of  the  utmost  interest  and  value  on  all  those  subjects  of  which  it  does  treat. 

Stubbs,  William :  Select  Charters  and  other  Illustrations  of  English  Consti- 
tutional History. 
This  is  an  extremely  full  collection  of  documents  of  constitutional  significance, 
(untranslated),  from  the  earliest  times  to  the  close  of  the  reign  of  Edward  I. 

Prothero,  G.  W. :  Select  Statutes  and  other  Constitutional  Documents  Il- 
lustrative of  the  Reigns  of  Elizabeth  and  James  i.  i  vol.  Oxford,  1894. 
There  is  no  collection  of  constitutional  documents  of  the  period  between  the 
accession  of  Edw^ard  II.  and  that  of  Elizabeth,  excepting  as  they  are  to  be  found 
in  Rymer's  Foedera,  the  Statutes  of  the  Realm  ^  and  such  general  bodies  of  re- 
cords. But  from  1558  to  1660  an  almost  continuous  series  of  such  documents  is 
published  in  this  work  and  that  which  follows,  viz : 

Gardiner,  S.  R. :  The  Constitutional  Documents  of  the  Puritan  Revolution, 
1628-1660.     I  vol.  Oxford,  1889. 


Translations  and  Reprints 

FROM   THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 

Vol.  II.  Engi,ish  Towns  and  Gii,ds.  No.  i. 

TABLE  OF  CONTENTS. 

PA  OB 

I.       EARI.Y  Bodies  of  Customs  of  Cities  and  Boroughs. 

Chester,     .......  2 

Newcastle-on-Tyne,         .....  5 

II.       Charters  of  Cities  and  Boroughs. 

Lincoln,            ......  7 

Wallingford,        ......  8 

Southampton,        ......  9 

Chester,         .            .            .            .            .           .        .  9 

Beverly,            ......  10 

III.  Ordinances  and  other  Records  of  Gii^ds  Merchant. 

Southampton,        .            .            .            .            .        .  12 

Lynn  Regis,        .....              •  I7 

IV.  Ordinances  and  other  Records  of  Craft  Gii,ds. 

Weavers'  Gilds  of  Oxford,  Lincoln,  and  London,        .  21 

Spurriers' Gild  of  London,            ...  21 

White-tawyers' Gild  of  London,        ...  23 

Tailors'  Gild  of  Exeter,        ....  26 

Order  of  Pageants  in  the  Mistery  Plays  of  York,        .  29 

V.       Ordinances  of  Sociai,  and  Rewgious  Gii,ds. 

Anglo-Saxon  Gild  of  Exeter,        .            .            •        •  33 

St.  Katherine's  Gild  of  Norwich,            .            .        .  34 

VI.       Select  Bibwography,          .....  36 


2  TRANSLATIONS   AND    REPRINTS. 

I.     TOWN  CUSTOMS. 

An  English  city  or  borough,'  in  the  early  Middle  Ages,  is  to  be  looked  upon, 
in  the  greater  number  of  cases,  simply  as  a  manor  or  group  of  adjacent  manors, 
where  facilities  for  trade  or  handicraft  have  led  to  a  larger  and  more  concentrated 
population  than  could  have  subsisted  merely  on  the  agriculture  of  the  rural  commun- 
ity. In  each  of  these  towns  local  customs  grew  up,  just  as  the  "custom  of  the 
manor  "  existed  in  each  village  in  the  open  country  ;  but  more  highly  developed, 
as  a  consequence  of  the  closer  population,  mercantile  occupation,  and  more  active 
life  of  the  townspeople. 

Since  these  local  customs  existed  only  as  rules  traditionally  observed  and  re- 
membered, they  were  but  seldom  made  a  matter  of  written  record.  The  few  still 
existing  have  been  preserved  by  peculiar  cicumstances.  In  some  forty-one  cases 
the  pecuniary  relations  to  the  king  involved  in  the  customs  of  the  towns  attracted 
the  attention  of  the  commissioners  who  made  the  reports  for  Domesday  Book. 
Those  of  Chester  are  given  in  the  greatest  detail.  The  customs  of  Newcastle  were 
formulated  in  the  time  of  Henry  II,  but  refer  to  a  period  at  least  as  early  as  the 
close  of  the  eleventh  century.  The  ''Usages  of  Winchester,"  "Ordinances  of 
Worcester  "  and  "  Office  of  the  Mayor  of  Bristol  "  are  collections  of  city  customs 
similar  to  those  printed  and  translated  here,  and  are  printed  in  Smith's  English 
Gilds,  Early  English  Text  Society,  1870.  The  last  of  the  three  is  also  in  Ricart's 
Kalendar,  Camden  Society,  1872. 

CUSTOMS  OF  CHESTER. 
Latin  :  Domesday  Book,  I,  262,  b.  ;  and  Stubbs'  Select  Charters,  83-95. 

The  city  of  Chester,  in  the  time  of  King  Edward,  paid  tax  as  being 
of  fifty  hides  f  three  and  a  half  hides  of  which  were  outside  of  the  city. 
That  is,  one  and  a  half  hides  were  beyond  the  bridge,  and  two  hides  in 
Newton  and  Redcliff,  and  in  the  bishop*s  borough ;  these  paid  tax  with 
the  city. 

In  the  time  of  King  Edward,  there  were  in  the  city  431  houses  pay- 
ing tax.  And  besides  these  the  bishop  had  56  tax-paying  houses.  Then 
the  city  paid  ten  and  a  half  marks '  of  silver  ;  two  parts  belonged  to  the 
king  and  the  third  to  the  earl.     And  the  following  laws  existed  there : 

When  peace  had  been  granted  by  the  hand  of  the  king,  or  by  his 
letter  or  through  his  bailiff,  if  any  one  broke  it,  the  king  had  100 
shillings  for  it.  But  if  the  same  peace  of  the  king,  at  his  order  had 
been  granted  by  the  earl,  if  it  was  broken,  of  the  100  shillings  which 
were  given  therefor,  the  earl  had  the  third  penny.     If,  however,  the 


*  There  seems  to  be  no  consistent  distinction  between  cities  and  boroughs  in 
Domesday  and  earlier  use  :  later  it  was  customary  to  call  the  seat  of  a  bishop  a  city 
and  all  other  considerable  towns  boroughs.  ^  A  hide  was  a  unit  of  taxation  or  of 
measurement,  equalling  in  the  latter  case  approximately  120  acres.  It  is  here  evi- 
dently the  former.     ^  The  mark  of  silver  was  equal  to  13s.  4d.  ;  of  gold,  jQd, 


CUSTOMS  OF   CHESTER.  3 

same  peace  was  infringed  when  granted  by  the  reeve  of  the  king  or  the 
officer  of  the  earl,  it  was  compounded  for  by  forty  shillings,  and  the 
third  penny  belonged  to  the  earl. 

If  any  free  man  of  the  king  broke  the  peace  which  had  been 
granted  and  killed  a  man  in  his  house,  all  his  land  and  money  came  to 
the  king,  and  he  himself  became  an  outlaw.  The  earl  had  the  same 
concerning  his  man  making  this  forfeiture.  No  one,  however,  except 
the  king,  was  able  to  grant  peace  again  to  an  outlaw. 

He  who  shed  blood  between  Monday  morning  and  the  ninth  hour 
of  Saturday  compounded  for  it  with  ten  shillings.  From  the  ninth 
hour  of  Saturday  to  Monday  morning  bloodshed  was  compounded  for 
with  twenty  shillings.  Similarly  any  one  paid  twenty  shillings  who  did 
this  in  the  twelve  days  after  Christmas,  on  the  day  of  the  Purification 
of  the  Blessed  Mary,  on  the  first  day  of  Easter,  the  first  day  of  Pente- 
cost, Ascension  Day,  on  the  Assumption  or  Nativity  of  the  Blessed 
Mary  and  on  the  day  of  All  Saints. 

He  who  killed  a  man  on  these  holy  days  compounded  for  it  with 
£4 ;  but  on  other  days  with  forty  shillings.  Similarly  he  who  com- 
mitted burglary  or  assault,  on  those  feast  days  or  on  Sunday  £4.  On 
other  days  forty  shillings. 

Any  one  setting  prisoners  free^  in  the  city  gave  ten  shillings. 
But  if  the  reeve  of  the  king  or  of  the  earl  committed  this  offence  he 
compounded  for  it  with  twenty  shillings. 

He  who  committed  theft  or  robbery  or  exercised  violence  upon  a 
woman  in  a  house  compounded  for  each  of  these  with  forty  shillings. 

If  a  widow  had  illegitimate  intercourse  with  any  one  she  com- 
pounded for  it  with  twenty  shillings ;  a  girl,  however,  with  ten  shillings 
for  a  similar  cause. 

He  who  in  the  city  seized  upon  the  land  of  another  and  was  not 
able  to  prove  it  to  be  his,  was  fined  forty  shillings.  Similarly  also  he 
who  made  a  claim  upon  it,  if  he  was  not  able  to  prove  it  to  be  his. 

He  who  wished  to  make  relief  of  his  own  land  or  that  of  his 
relative  gave  ten  shillings. 

If  he  was  not  able  or  did  not  wish  to  do  this  the  reeve  took  hig 
land  into  the  hand  of  the  king. 

He  who  did  not  pay  the  tax  at  the  period  at  which  he  owed  it 
compounded  for  it  with  with  ten  shillings. 

*  The  word  hangewitham  thus  translated,  has  also  been  considered  to  mean 
the  offence  of  hanging  a  person  without  warrant  of  law.     Ducange. 


4  TRANSLATIONS    AND    REPRINTS. 

If  fire  burned  the  city,  he  from  whose  house  it  started  compounded 
for  it  with  three  oras  ^  of  pennies,  and  gave  to  his  next  neighbor  two 
shillings.  Of  all  these  forfeitures  two  parts  belonged  to  the  king  and 
the  third  to  the  earl. 

If  without  the  license  of  the  king  ships  came  to  the  port  of  the  city 
or  departed  from  the  port,  from  each  man  who  was  on  the  8hi{)s  the 
king  and  the  earl  had  forty  shillings.  If  against  the  peace  of  the  king 
and  after  his  prohibition  the  ship  approached,  as  well  it  as  the  men, 
with  all  things  which  were  upon  it,  did  the  king  and  the  earl  have. 

If,  however,  with  the  peace  and  license  of  the  king  it  had  come, 
those  who  were  in  it  sold  what  they  had  in  peace ;  but  when  it  went  away, 
four  pence  from  each  lading  did  the  king  and  the  earl  have.  If  to  those 
having  martens'  skins  the  reeve  of  the  king  gave  orders  that  to  no  one 
should  they  sell  until  they  had  first  brought  them  and  shown  them  to  him, 
he  who  did  not  observe  this  compounded  for  it  by  paying  forty  shillings. 

A  man  or  a  woman  making  false  measure  in  the  city,  and  being 
arrested,  compounded  for  it  with  four  shillings.  Similarly  a  person 
making  bad  ale,  was  either  placed  in  the  ducking  stool  or  gave  four 
shillings  to  the  reeve.  This  forfeiture  the  officer  of  the  king  and  of  the 
earl  received  in  the  city,  in  whosesoever  land  it  had  been,  either  of  the 
bishop  or  of  another  man.  Similarly  also,  if  any  one  held  the  toll  back 
beyond  three  nights,  he  compounded  for  it  with  forty  shillings. 

In  the  time  of  King  Edward  there  were  in  this  city  seven 
moneyers,  '^  who  gave  seven  pounds  to  the  king  and  the  earl,  besides  the 
ferm, '  when  the  money  was  turned  over. 

There  were  at  that  time  twelve  judges  of  the  city,  and  these  were 
from  the  men  of  the  king,  and  of  the  bishop,  and  of  the  earl ;  if  any 
one  of  these  remained  away  from  the  hundred  court  on  the  day  in 
which  it  sat,  without  a  clear  excuse,  he  compounded  for  it  with  ten 
shillings,  between  the  king  and  the  earl. 

For  repairing  the  city  wall  and  the  bridge  the  reeve  summoned 
one  man  to  come  from  each  hide  of  the  county.  If  the  man  of  any  one 
did  not  come  his  lord  compounded  for  it  to  the  king  and  the  earl  with 
forty  shillings.     This  forfeiture  was  in  addition  to  the  ferm. 


1  An  ora  is  a  number  of  pennies,  varying  in  different  times  and  places,  here  pos- 
sibly sixteen  or  twenty. 

'^  The  moneyers  were  men  who  had  the  contract  for  coining  money,  paying  a 
fee  for  the  privilege  of  reserving  to  themselves  the  seigniorage. 

'A  ferm  was  a  fixed  amount  paid  as  a  lump  sum  in  place  of  a  number  of 
smaller  or  more  irregular  payments. 


CUSTOMS   OF   CHESTER  5 

This  city  paid  at  that  time  of  ferm  £45  and  three  bundles  of  mar- 
ten's skins.     The  third  part  belonged  to  the  earl,  and  two  to  the  king. 

When  Earl  Hugh  received  it,  it  was  worth  only  £30,  for  it  was 
much  wasted.  There  were  205  fewer  houses  than  there  had  been  in  the 
time  of  King  Edward.     Now  there  are  just  as  many  there  as  he  found. 

Murdret  held  this  city  from  the  earl  for  £70  and  one  mark  of  gold. 
He  had  at  ferm  for  £50  and  one  mark  of  gold  all  the  pleas  of  the  earl 
in  the  county  and  in  the  hundreds,  with  the  exception  of  Inglefeld. 

The  land  on  which  the  temple  of  St.  Peter  stands,  which  Robert  of 
Rodelend  claimed  for  demesne  land,  as  the  county  has  proved,  never 
pertained  to  the  manor,  outside  the  city,  but  pertains  to  the  borough  ; 
and  it  has  always  been  in  the  custom  of  the  king  and  the  earl,  like  that 
of  other  burgesses. 

THE  CUSTOMS  OF  NEWCASTLE-UPON-TYNE, 

Latin  :  Acts  of  Parliament  of  Scotlan<i,  I,  33-34  ;  and  Stubbs'  Select 
Charters,  107-108. 

These  are  the  laws  and  customs  which  the  burgesses  of  Newcastle- 
upon-Tyne  had  in  the  time  of  Henry,  king  of  England,  and  ought  to  have : 

Burgesses  may  make  seizure  for  debt  from  those  dwelling  outside, 
within  their  market  place  and  without,  and  within  their  house  and 
without,  and  within  their  borough  and  without,  without  the  license  of  the 
reeve,  unless  courts  are  held  in  the  borough,  and  unless  they  are  in  the 
army  or  on  guard  at  a  castle. 

From  a  burgess  a  burgess  is  not  allowed  to  make  seizure  for  debt 
without  the  license  of  the  reeve. 

If  a  burgess  has  agreed  upon  anything  in  the  borough  with  those 
dwelling  outside,  the  debtor,  if  he  acknowledges  it,  must  pay  the  debt 
himself,  or  he  must  grant  right  in  the  borough. 

Suits  which  arise  in  the  borough  are  to  be  held  and  finished  there, 
except  those  which  belong  to  the  king's  crown. 

If  any  burgess  is  summoned  on  any  prosecution,  he  shall  not  plead 
outside  of  the  borough  except  for  want  of  a  court.  Nor  must  he  re- 
spond without  day  and  term,  unless  he  shall  have  first  fallen  into  an 
absurd  defense  ;  except  with  regard  to  things  which  pertain  to  the 
crown. 

If  a  ship  has  put  in  at  Tynemouth  and  wishes  to  depart,  it  is  al- 
lowed to  the  burgesses  to  buy  whatever  they  wish. 


6  TRANSLATIONS   AND   REPRINTS. 

If  a  suit  arises  between  a  burgess  and  a  merchant,  it  shall  be 
settled  before  the  third  tide. 

Whatever  merchandise  a  vessel  has  brought  by  sea  ought  to  be 
carried  to  land,  except  salt  and  brine,  which  ought  to  be  sold  on  the 
ship. 

If  anyone  has  held  land  in  burgage  for  a  year  and  a  day  justly 
and  without  prosecution,  he  need  not  make  defense  against  a  claimant, 
unless  the  claimant  has  been  outside  the  realm  of  England,  or  in  the 
case  where  he  is  a  boy  having  no  power  to  speak. 

If  a  burgess  has  a  son  in  his  house,  at  his  table,  the  son  shall  have 
the  same  liberty  as  his  father. 

If  a  villain  comes  to  stay  in  a  borough,  and  there  for  a  year  and  a 
day  stays  as  a  burgess  in  the  borough,  let  him  remain  altogether,  unless 
it  has  been  said  beforehand  by  himself  or  by  his  lord  that  he  is  to  re- 
main for  a  certain  time. 

If  any  burgess  makes  an  accusation  concerning  any  matter,  he 
cannot  wage  battle  against  a  burgess,  but  let  the  burgess  defend  him- 
self by  law,  unless  it  is  concerning  treason,  when  he  ought  to  defend 
himself  by  battle.  Nor  can  a  burgess  wage  battle  against  a  villain,  un- 
less he  has  first  departed  from  his  burgage. 

No  merchant,  unless  he  is  a  burgess,  may  buy  any  wool,  hides,  or 
other  merchandise,  outside  of  the  town,  nor  inside  of  the  borough  except 
from  burgesses. 

If  forfeiture  happens  to  a  burgess,  he  shall  give  six  oras  to  the 
reeve. 

In  the  borough  there  is  no  merchet,  nor  heriot,  nor  blood  fine,  nor 


Each  burgess  may  have  his  oven  and  hand-mill  if  he  wishes,  sav- 
ing the  king's  right  to  the  oven. 

If  a  woman  is  in  transgression  concerning  bread  or  concerning  ale, 
no  one  ought  to  intermeddle  except  the  reeve.  If  she  shall  have  trans- 
gressed a  second  time,  let  her  be  whipped  for  her  transgression.  If  for 
a  third  time  she  shall  have  transgressed,  let  justice  be  done  upon  her. 

No  one  except  a  burgess  may  buy  clothes  for  dyeing,  nor  make, 
nor  shear  them. 

A  burgess  may  give  his  land,  or  sell  it,  and  go  whither  he  wishes, 
freely  and  quietly,  unless  he  is  engaged  in  a  suit. 


CHARTER   OF   CITY   OF    LINCOLN.  7 

11.     TOWN  CHARTERS. 

During  the  twelfth  and  thirteenth  centuries  many  of  the  cities  and  boroughs 
obtained  their  first  charters.  These  were  documents  issued  and  sealed  by  the  king,  or 
by  the  lord  on  whose  demesne  the  town  had  grown  up,  giving  legal  recognition  to  a 
part  or  the  whole  of  the  body  of  local  customs.  In  no  case  was  the  whole  body  of 
customs  recited  in  the  charter  ;  and  in  most  cases  probably  no  new  rights  were  granted 
to  the  towns  by  the  charters  ;  but  it  was  of  the  greatest  value  to  them  to  have  their 
more  important  customary  rights  defined,  legalized  and  put  in  a  form  which  could  be 
appealed  to  in  case  of  subsequent  dispute.  Moreover,  the  first  grant  obtained  by  any 
town  served  as  a  precedent  in  obtaining,  at  favorable  opportunities  thereafter,  new 
charters  extending  its  powers  and  privileges.  The  charter  of  Southampton,  printed 
below,  for  instance,  was  the  first  of  thirty-one  such  grants  to  that  town  between  the 
twelfth  century  and  the  seventeenth  ;  varying  in  character  from  mere  renewals  to 
considerable  additions  to  the  city  immunities.  Types  of  three  classes  of  municipal 
charters  are  given  below  ;  those  granted  by  the  king,  those  granted  by  a  secular  lord 
to  a  town  on  his  demesne,  and  those  granted  by  a  prelate.  A  vast  number  of  char- 
ters granted  to  towns  are  printed  in  Rymer's  Feeder  a ;  Madox'  Firma  Burgi, 
Gross'  Gild  Merchant,  and  in  local  histories. 

CHARTER  OF  HENRY  II.  TO  THE  CITY  OF  LINCOLN. 
Latin  :  Rymer's  Foedera^  i.  40  ;  and  Stubbs'  Select  Charters,  158-9. 
Henry,  by  the  grace  of  God,  king  of  England,  duke  of  Normandy 
and  Aquitaine,  count  of  Anjou,  to  the  bishop  of  Lincoln,  justiciars, 
sheriffs,  barons,  officers  and  all  his  faithful,  French  and  English,  of 
Lincoln,  greeting.  Know  that  I  have  conceded  to  my  citizens  of  Lin- 
coln all  their  liberties  and  customs  and  laws,  which  they  had  in  the 
time  of  Edward  and  William  and  Henry,  kings  of  England  ;  and  their 
gild  merchant  of  the  men  of  the  city  and  of  other  merchants  of  the  county, 
just  as  they  had  it  in  the  time  of  our  aforesaid  predecessors,  kings  of  Eng- 
land, best  and  most  freely.  And  all  men  who  dwell  within  the  four 
divisions  of  the  city  and  attend  the  market  are  to  be  at  the  gilds  and 
customs  and  assizes  of  the  city  as  they  have  been  best  in  the  time  of  Ed- 
ward, William  and  Henry,  kings  of  England.  I  grant  to  them  more- 
over, that  if  anyone  shall  buy  any  land  within  the  city,  of  the  burgage  of 
Lincoln,  and  shall  have  held  it  for  a  year  and  a  day  without  any  claim, 
and  he  who  has  bought  it  is  able  to  show  that  the  claimant  has  been 
in  the  land  of  England  within  the  year  and  has  not  claimed  it,  for  the 
future  as  before  he  shall  hold  it  well  and  in  peace,  and  without  any 
prosecution.  I  confirm  also  to  them,  that  if  anyone  shall  have  remained 
in  the  city  of  Lincoln  for  a  year  and  a  day  without  claim  on  the  part  of 
any  claimant,  and  has  given  the  customs,  and  is  able  to  show  by  the 
laws  and  customs  of  the  city  that  the  claimant  has  been  in  existence  in 


8  TRANSLATIONS   AND    REPRINTS. 

the  land  of  England  and  has  not  made  a  claim  against  him,  for  the 
future  as  in  the  past  he  shall  remain  in  peace,  in  my  city  of  Lincoln,  as 
my  citizen.  Witnesses,  E.,  bishop  of  Lisieux  ;  Thomas,  chancellor; 
H.,  constable ;  Henry  of  Essex,  constable.     At  Nottingham. 

CHARTER  OF  HENRY  //.  TO  WALLINGFORD. 
Latin :  Rymer's  Feeder a^  i,  47^  :  and  Gross'  Gild  Merchant,  II,  244-5. 

Henry,  by   the  grace  of  God,   King  of  England,   Duke  of  Nor- 
mandy and  Aquitaine,  and  Count  of  Anjou, I 

command  you  that  my  burgesses  of  Wallingford  shall  have  my  secure 
peace  through  my  whole  land  of  England  and  Normandy,  wherever 
they  may  be.  And  know  that  I  have  given  and  conceded  to  them  for- 
ever all  their  liberties  and  laws  and  customs  well  and  honorably,  just  as 
they  had  them  best  and  most  honorably  in  the  time  of  King  Edward, 
and  in  the  time  of  my  great  grandfather  King  William,  and  of  his  son, 
the  second  King  William,  and  in  the  time  of  King  Henry,  my  grand- 
father ;  that  is  to  say,  that  they  should  have  freely  the  gild  merchant 
with  all  its  customs  and  laws,  so  that  neither  my  bailiff  nor  any  justice 
of  mine  should  meddle  with  their  gild ;  but  only  their  own  alderman  and 
officer.  And  if  my  officers  or  any  justice  shall  have  brought  suit  against 
them  in  any  plea  or  for  any  occasion  or  shall  have  wished  to  lead  them 
into  a  suit,  I  forbid  it,  and  require  that  they  should  not  make  defense 
in  any  manner,  except  in  their  own  proper  portmote.  And  if  the  reeve 
himself  shall  implead  them  on  any  occasion  without  an  accuser,  they 
shall  not  respond,  and  if  on  account  of  any  transgression,  or  by  a  right 
judgment  any  one  of  them  shall  have  made  forfeiture  by  a  right  con- 
sideration of  the  burgesses,  to  the  reeve  shall  he  pay  it.  I  forbid,  more- 
over, and  require  that  there  shall  be  no  market  in  Crowmarsh,  nor  any 
merchant,  unless  he  is  in  the  gild  of  the  merchants  ;  and  if  anyone  goes 
out  from  the  borough  of  Wallingford  and  lives  from  the  merchandise  of 
the  same  Wallingford,  I  command  that  he  should  make  the  right  gild 
of  the  merchants  with  the  same  burgesses,  wherever  he  may  be,  within 
the  borough  or  without.  Know  moreover,  that  I  have  given  and  con- 
ceded forever  to  all  the  men  of  Wallingford  full  quittance  from  my 
yearly  rent,  which  they  were  accustomed  to  pay  from  the  borough  of 
Wallingford ;  that  is  to  say,  from  that  which  pertains  to  me  in  the 
borough.  All  these  laws  and  customs  and  liberties  and  quittances  I 
give  to  them  and  concede  forever,  and  all  othei-s  which  they  are  able  to 
show  that  their  ancestors  had,  freely,  quietly,  and  honorably,  j  ust  as  my 


CHARTER    OF    WALLINOFORD.  9 

citizens  of  Winchester  ever  had  them  at  the  best ;  and  this  on  account 
of  the  great  service  and  labor  which  they  sustained  for  me  in  the  ac- 
quisition of  my  hereditary  right  in  England.  I  concede  to  them,  more- 
over, that  wherever  they  shall  go  in  their  journeys  as  merchants, 
through  my  whole  land  of  England  and  Normandy,  Aquitaine  and 
Anjou,  "by  water  and  by  strand,  by  wood  and  by  land,"  they  shall  be  free 
from  toll  and  passage  fees,  and  from  all  customs  and  exactions ;  nor  are 
they  to  be  troubled  in  this  respect  by  any  one,  under  a  penalty  of  £10. 
I  forbid,  moreover,  and  require  under  the  same  penalty,  that  the  reeve 
of  Wallingford  shall  not  make  any  fine  of  scotale  or  New  Year's  gift 
from  any  one,  and  that  he  shall  not  establish  any  custom  in  Walling- 
ford which  shall  injure  the  burgesses  of  the  town.  Of  this  grant  and 
concession,  the  witnesses  are  Theobald,  archbishop  of  Canterbury  and 
others.     Given  at  Oxford,  the  first  day  before  the  Ides  of  January. 

CHARTER  OF  HENRY  II.  TO  SOUTHAMPTON, 
Latin  :  Davies'  History  of  Southampton,  152  ;  Gross'  Gild  Merchant,  II,  213. 
Henry,  king  of  England,  duke  of  Normandy  and  Aquitaine,  and 
count  of  Anjou,  to  his  reeves  and  ministers  of  Hampton,  greeting ;  I 
ordain  that  my  men  of  Hampton  shall  have  and  hold  their  gild  and 
all  their  liberties  and  customs,  by  land  and  by  sea,  in  as  good,  peaceable, 
just,  free,  quiet,  and  honorable  a  manner  as  they  had  the  same,  best, 
most  freely  and  quietly  in  the  time  of  King  Henry,  my  grandfather ; 
and  let  no  one  upon  this  do  them  any  injury  or  insult.  Witness,  Richard 
de  Humet,  constablei;  Jocelyn  de  Baliol,  at  Winchester. 

CHARTER  OF  RALPH,  EARL  OF  CHESTER,  TO  THAT 
CITY,  BETWEEN  A,  D,,  1190  AND  1211. 

Latin:  Report  of  Historical  Mss.  Comm.  1881,  356-7  ;  and  Gross'  Gild 
Merchant,  II,  140. 

Ralph,  earl  of  Chester,  to  his  constable  and  steward,  and  to  all 
his  barons  and  bailiffs,  and  to  all  his  men,  French  and  English,  as  well 
to  come  as  at  present,  greeting.  Let  it  be  known  to  all  of  you  that  I 
have  given  and  conceded,  and  by  this  my  present  charter  confirmed  to 
all  my  citizens  of  Chester  their  gild  merchant  with  all  liberties  and 
free  customs  which  they  have  had  in  the  aforesaid  gild,  best,  most  freely 
and  most  peacefully  in  the  times  of  ray  predecessors.  And  I  forbid 
under  forfeiture  to  me  of  £10  that  any  one  shall  disturb  them  in  it 
With  these  witnesses,  etc 


lO  TRANSLATIONS    AND   REPRINTS. 

CHARTER  OF  JOHN,  EARL  OF  CHESTER,  BETWEEN 

1217  AND  1277. 
Latin  :  Report  of  Historical  Mss.  Comm.  1881,  356-7,  and  Gross'  Gild 

Merchant  II,   140. 

Know  that  I  have  conceded  and  by  this  my  present  charter  con- 
firmed to  all  ray  citizens  of  Chester  that  no  merchant  should  buy  or 
sell  any  kind  of  merchandise  which  has  come  to  the  city  of  Chester  by 
sea  or  by  land,  except  these  my  citizens  of  Chester  themselves  and  their 
heirs,  or  in  accordance  with  their  will ;  except  in  the  established  fairs, 
that  is  on  St.  John  the  Baptist's  day  and  at  the  feast  of  St.   Michael. 

Likewise,  I  have  conceded  and   by  this  my   present 

charter  confirmed  to  my  said  citizens  of  Chester,  to  have  and  to  hold 
their  gild  merchant,  as  freely,  quietly  and  honorably  as  they  held  it  in 
the  time  of  my  uncle,  lord  Ralph,  earl  of  Chester  and  Lincoln. 

CHARTER  OF  THURSTAN,  ARCHBISHOP  OF  YORK,  TO 

BEVERLY,  BETWEEN  11 00  AND  11  35. 

Latin :  Rymer's  Fcedera,  i,  10,  and  Stubbs'  Select  Charters,  105-6. 

Thurstan,  by  the  grace  of  God,  archbishop  of  York,  to  all  the  faith- 
ful in  Christ,  as  w^ell  present  as  to  come,  greeting  and  God's  benediction 
and  his  own.  Let  it  be  known  to  you  that  I  have  given  and  conceded, 
and  by  the  advice  of  the  chapter  of  York  and  of  Beverly  and  by  the 
advice  of  my  barons  have  confirmed  by  my  charter  to  the  men  of  Bev- 
erly all  their  liberties  with  the  same  laws  which  those  of  York  have  in 
their  city.  Moreover  let  it  not  be  hid  from  you  that  lord  Henry  our 
king  has  conceded  to  us  the  power  of  doing  this  of  his  own  good  will, 
and  by  his  charter  has  confirmed  our  statutes  and  our  laws  according  to 
the  form  of  the  laws  of  the  burgesses  of  York,  saving  the  dignity  and 
honor  of  Grod  and  Saint  John,  and  of  us  and  of  the  canons,  in  order 
that  he  might  thus  increase  the  benefactions  of  his  predecessors,  and 
promote  them  by  all  these  free  customs. 

I  will  that  my  burgesses  of  Beverly  shall  have  their  hanse  house, 
which  I  give  to  them  and  concede  in  order  that  they  may  there  determine 
upon  their  statutes  to  the  honor  of  God  and  of  St.  John,  and  of  the 
canons,  and  to  the  advantage  of  the  whole  body  of  citizens,  being  en- 
franchised by  the  same  law  as  those  of  York  in  their  hanse  house.  I 
give  up  to  them,  moreover,  their  toll  forever  for  eighteen  marks  a  year ; 
besides  in  those  feasts  in  which  toll  belongs  to  us  and  to  the  canons, 
that  is  to  say,  in  the  feast  of  St.  John  the  Confessor,  in  May,  in  the 
feast  of  the  translation  of  St.  John,  and  on  the  day  of  the  birth  of  St, 


CHARTER   OF    BF.VERLY.  II 

John  the  Baptist ;  and  on  these  festivals  I  have  made  all  the  burgesses 
of  Beverly  free  and  quit  from  all  toll.  By  the  testimony  of  this  charter, 
moreover,  I  have  conceded  to  the  same  burgesses  as  free  entrance  and  de- 
parture within  and  without  the  town,  in  plain  and  wood  and  marsh,  in 
roads  and  byways,  and  in  other  suitable  places,  except  in  meadows  and 
grainlields,  as  any  one  can  ever  concede  and  confirm  them  most  freely 
and  broadly  ;  and  know  that  they  are  as  free  and  quit  from  all  toll 
through  the  whole  of  Yorkshire,  as  those  of  York  are.  And  I  will  that 
whosoever  opposes  this  may  be  accursed,  as  the  custom  of  the  church  of  St 
John  asserts  and  as  it  has  been  decreed  in  the  church  of  St.  John. 

These  are  witnesses :  Geoffrey  Murdoc,  Nigel  Fossard,  Alan  de 
Percy,  Walter  Spec,  Eustace  the  son  of  John,  Thomas  the  reeve,  Thurs- 
tan,  archdeacon ;  Herbert,  chamberlain ;  William  the  son  of  Toole ; 
William  of  Bath ;  in  the  presence  of  the  whole  household  of  the  arch- 
bishop, clerical  and  lay,  in  York. 

III.     GILD  MERCHANT  DOCUMENTS. 

An  almost  invariable  provision  in  the  early  town  charters  was  the  privilege  of 
possessing  a  gild  merchant,  or  hanse  house,  as  it  was  called  in  the  charter  of  Beverly. 
This  universality  of  the  gild  merchant  indicates  its  close  connection  with  the  munici- 
pal community  itself,  as  well  as  the  prevailing  commercial  character  of  the  latter.  The 
existence  of  the  gild  merchant  has  been  definitely  proved  in  I02  towns  and  there  is 
little  reason  to  doubt  that  it  existed  in  practically  all  the  others.  The  gild  merchant 
therefore  was  substantially  the  embodiment  of  the  trading  monopoly  of  the  chartered 
city  or  borough.  Its  principal  characteristics  are  exemplified  in  the  subjoined  docu- 
ments. The  difficult  questions  of  its  origin  as  an  institution,  its  connection  with  the 
municipal  government,  its  relation  to  the  craft  gilds,  and  its  later  decadence  or  disap- 
pearance, are  fully  discussed  in  the  standard  work  on  the  subject :  Gross,  The  Gild 
Merchant.  The  ordinances  of  the  gilds  of  Southampton  and  Lynn  Regis  are 
almost  the  only  remaining  bodies  of  statutes.  The  former  document  belongs  to  the 
fourteenth  century,  but  the  provisions  are  evidently  of  very  different  dates.  The  first 
eleven  seem  to  be  the  oldest,  and  perhaps  with  others  extend  back  to  a  far  earlier 
period  than  1300.  The  gild  merchant  of  Lynn  Regis  is  mentioned  as  early  as  1205, 
in  a  charter  granted  by  King  John,  and  remained  in  existence  until  November  4, 
1547.  It  was  clearly  distinct  from  the  town  government,  though  connected  with  it 
at  many  points.  It  had  a  large  membership:  its  property  brought  in  at  one  time  an 
income  of  some  ;^400  a  year  ;  it  possessed  a  gild  hall  which  still  exists,  and  sus- 
tained in  1389,  thirteen  chaplains,  "daily  and  yearly  to  pray  as  well  for  the  king, 
his  ancestors,  and  for  the  peace  and  welfare  of  his  kingdom,  as  for  the  souls  of  all  the 
aldermen,  brethren,  and  benefactors  of  the  said  gild  ;  also  for  the  souls  of  all  the  faith- 
ful deceased."  Six  of  these  chaplains  officiated  in  the  church  of  St.  Margaret,  four  in 
the  chapel  of  St.  Nicholas,  and  three  in  the  chapel  of  St.  James,  all  in  Lynn.  In  ad- 
dition to  its  religious  activity,  the  gild  contributed  largely  both  by  money  and  by  ad- 
ministration to  the  charities,  educational  work,  and  public  improvements  of  the  city. 


12  TRANSLATIONS    AND    REPRINTS. 

ORDINANCES  OF  THE  GILD  MERCHANT  OF  SOUTHAMPTON. 

French  :  Gross'  Gild  Merchant,   II,  214,  etc.  ;    and  English  :  Davies'  History  of 
Southampton,  pp.  139,  etc. 

§  1.  *In  the  first  place,  there  shall  be  elected  from  the  gild  mer- 
chant, and  established,  an  alderman,  a  steward,  a  chaplain,  four  skevins, 
and  an  usher.  And  it  is  to  be  known  that  whosoever  shall  be  alderman 
shall  receive  from  each  one  entering  into  the  gild  fourpence,  the  stew- 
ard, twopence  ;  the  chaplain,  twopence  ;  and  the  usher,  one  penny.  And 
the  gild  shall  meet  twice  a  year  :  that  is  to  say,  on  the  Sunday  next 
after  St.  John  the  Baptist's  day,  and  on  the  Sunday  next  after  St. 
Mary's  day. 

§  2.  And  when  the  gild  shall  be  sitting  no  one  of  the  gild  is  to 
bring  in  any  stranger,  except  when  required  by  the  alderman  or  stew- 
ard. And  the  alderman  shall  have  a  sergeant  to  serve  before  him,  the 
steward  another  sergeant,  and  the  two  skevins  a  sergeant,  and  the  other 
two  skevins  a  sergeant,  and  the  chaplain  shall  have  his  clerk. 

§  3.  And  when  the  gild  shall  sit,  the  alderman  is  to  have,  each 
night,  so  long  as  the  gild  sits,  two  gallons  of  wine  and  two  candles,  and 
the  steward  the  same ;  and  the  four  skevins  and  the  chaplain,  each  of 
them  one  gallon  of  wine  and  one  candle,  and  the  usher  one  gallon  of  wine. 

§  4.  And  when  the  gild  shall  sit,  the  lepers  of  La  Madeleine  shall 
have  of  the  alms  of  the  gild,  two  sesters'^  of  ale,  and  the  sick  of  God's 
House  and  of  St.  Julian  shall  have  two  sesters  of  ale.  And  the  Friars 
Minors  shall  have  two  sesters  of  ale  and  one  sester  of  wine.  And  four 
sesters  of  ale  shall  be  given  to  the  poor  wherever  the  gild  shall  meet. 

§  5.  And  when  the  gild  is  sitting,  no  one  who  is  of  the  gild  shall 
go  outside  of  the  town  for  any  business,  without  the  permission  of  the 
steward.  And  if  any  one  does  so,  let  him  be  fined  two  shillings,  and 
pay  them. 

§  6.  And  when  the  gild  sits,  and  any  gildsman  is  outside  of  the 
city  so  that  he  does  not  know  when  it  will  happen,  he  shall  have  a  gal- 
lon of  wine,  if  his  servants  come  to  get  it.  And  if  a  gildsman  is  ill  and 
is  in  the  city,  wine  shall  be  sent  to  him,  two  loaves  of  bread  and  a  gal- 
lon of  wine  and  a  dish  from  the  kitchen  ;  and  two  approved  men  of  the 
gild  shall  go  to  visit  him  and  look  after  his  condition. 


^  In  the  original  a  rubric  is  introduced  at  the  beginning  of  each  paragraph,  de- 
scribing its  subject,  usually  in  the  same  terms  as  the  body  of  the  paragraph.  They 
are  omitted  here  on  account  of  their  want  of  especial  significance. 

2  Sester,  or  sextary,  apparently  equals  four  gallons  :  Stubbs ;  and  see  §  4  on 
page  17  of  this  pamphlet. 


GILD    MERCHANT   OF   SOUTHAMPTON.  1 3 

§  7.  And  when  a  gildsman  dies,  all  those  who  are  of  the  gild  and 
are  in  the  city  shall  attend  the  service  of  the  dead,  and  gildsnien  shall 
bear  the  body  and  bring  it  to  the  place  of  bnrial.  And  whoever  will 
not  do  this  shall  pay  according  to  his  oath,  two  pence,  to  be  given  to 
the  poor.  And  those  of  the  ward  where  the  dead  man  shall  be  onght 
to  find  a  man  to  watch  over  the  body  the  night  that  the  dead  shall  lie 
in  his  house.  And  so  long  as  the  service  of  the  dead  shall  last,  that  is 
to  sa}^  the  vigil  and  the  mass,  there  ought  to  burn  four  candles  of  the 
gild,  each  candle  of  two  pounds  weight  or  more,  until  the  body  is 
buried.  And  these  four  candles  shall  remain  in  the  keeping  of  the 
steward  of  the  gild. 

§  8.  The  steward  ought  to  keep  the  rolls  and  the  treasure  of  the 
gild  under  the  seal  of  the  alderman  of  the  gild. 

§  9.  And  when  a  gildsman  dies,  his  eldest  son  or  his  next  heir  shall 
have  the  seat  of  his  father,  or  of  his  uncle,  if  his  father  was  not  a  gilds- 
man, and  of  no  other  one  ;  and  he  shall  give  nothing  for  his  seat.  No 
husband  can  have  a  seat  in  the  gild  by  right  of  his  wife,  nor  demand 
a  seat  by  right  of  his  wife's  ancestors. 

§  10.  And  no  one  has  the  right  or  power  to  sell  or  give  his  seat  in 
the  gild  to  any  man ;  and  the  son  of  a  gildsman,  other  than  his  eldest 
son,  shall  enter  into  the  gild  on  payment  of  ten  shillings,  and  he  shall 
take  the  oath  of  the  gild. 

§  11.  And  if  a  gildsman  shall  be  imprisoned  in  England  in  time 
of  peace,  the  alderman  with  the  steward  and  with  one  of  the  skevins 
shall  go  at  the  cost  of  the  gild,  to  procure  the  deliverance  of  the  one 
who  is  in  prison. 

§  12.  And  if  any  gildsman  strikes  another  with  his  fist;  and  is 
convicted  thereof,  he  shall  lose  the  gild  until  he  shall  have  bought  it  back 
for  ten  shillings,  and  Uiken  the  oath  of  the  gild  again  like  a  new  mem- 
ber. And  if  a  gildsman  strikes  another  with  a  stick,  or  a  knife,  or  any 
other  weapon,  whatever  it  may  be,  he  shall  lose  the  gild  and  the  fran- 
chise, and  shall  be  held  as  a  stranger  until  he  shall  have  been  recon- 
ciled to  the  good  men  of  the  gild  and  has  made  recompense  to  the  one 
whom  he  has  injured,  and  has  paid  a  fine  to  the  gild  of  twenty  shil- 
lings ;  and  this  shall  not  be  remitted. 

§  13.  If  any  one  does  an  injury,  who  is  not  of  the  gild,  and  is 
of  the  franchise  or  strikes  a  gildsman  and  is  reasonably  convicted  he 
shall  lose  his  franchise  and  go  to  prison  for  a  day  and  a  night 

§  14.  And  if  any  stranger  or  any  other  who  is  not  of  the  gild 


14  TRANSLATIONS    AND    REPRINTS. 

nor  of  the  franchise,  strikes  a  gildsmau,  and  is  reasonably  convicted 
thereof,  let  him  be  in  prison  two  days  and  two  nights,  unless  the  injury 
is  such  that  he  should  be  more  severely  punished. 

§  1 5.  And  if  a  gildsmau  reviles  or  slanders  another  gildsman,  and 
a  complaint  of  it  comes  to  the  alderman,  and  if  he  is  reasonably  con- 
victed thereof,  he  shall  pay  two  shillings  fine  to  the  gild,  and  if  he  is 
not  able  to  pay  he  shall  lose  the  gild. 

§  16.  And  if  anyone  who  is  of  the  franchise,  speaks  evil  of  a  gilds- 
man,  and  is  convicted  of  this  before  the  alderman,  he  shall  pay  five 
shillings  for  a  fine  or  lose  the  franchise. 

§  17.  And  no  one  shall  come  to  the  council  of  the  gild  if  he  is 
not  a  gildsman. 

§  18.  And  if  anyone  of  the  gild  forfeits  the  gild  by  any  act  or 
injury,  and  is  excluded  by  the  alderman  and  the  steward  and  the 
skevins  and  the  twelve  sworn  men  of  the  city ;  and  he  wishes  to  have 
the  gild  again,  he  shall  do  all  things  anew  just  as  one  who  has  never 
been  of  the  gild,  and  shall  make  amends  for  his  injury  according  to  the 
discretion  of  the  alderman  and  the  aforesaid  approved  men.  And  if 
anyone  of  the  gild  or  of  the  franchise  brings  a  suit  against  another 
outside  of  the  city,  by  a  writ  or  without  a  writ,  he  shall  lose  the  gild 
and  the  franchise  if  he  is  convicted  of  it. 

§  19.  And  no  one  of  the  city  of  Southampton  shall  buy  anything 
to  sell  again  in  the  same  city,  unless  he  is  of  the  gild  merchant  or  of 
the  franchise.  And  if  anyone  shall  do  so  and  is  convicted  of  it,  all 
which  he  has  so  bought  shall  be  forfeited  to  the  king ;  and  no  one  shall 
be  quit  of  custom  unless  he  proves  that  he  is  in  the  gild  or  in  the  fran- 
chise, and  this  from  year  to  year. 

§  20.  And  no  one  shall  buy  honey,  fat,  salt  herrings,  or  any  kind 
of  oil,  or  millstones,  or  fresh  hides,  or  any  kind  of  fresh  skins,  unless 
he  is  a  gildsman :  nor  keep  a  tavern  for  wine,  nor  sell  cloth  at  retail, 
except  in  market  or  fair  days ;  nor  keep  grain  in  his  granary  beyond 
five  quarters,  to  sell  at  retail,  if  he  is  not  a  gildsman  ;  and  whoever 
shall  do  this  and  be  convicted,  shall  forfeit  all  to  the  king. 

§  21.  No  one  of  the  gild  ought  to  be  partner  or  joint  dealer  in 
any  of  the  kinds  of  merchandise  before  mentioned  with  anyone  who  is 
not  of  the  gild,  by  any  manner  of  coverture,  or  art,  or  contrivance,  or 
collusion,  or  in  any  other  manner.  And  whosoever  shall  do  this  and 
be  convicted,  the  goods  in  such  manner  bought  shall  be  forfeited  to  the 
king,  and  the  gildsman  shall  lose  the  gild. 


GILD   MERCHANT   OF   SOUTHAMPTON  1 5 

§  22.  If  any  gildsman  falls  into  poverty  and  has  not  the  where- 
withal to  live,  and  is  not  able  to  work  or  to  provide  for  himself,  he  shall 
have  one  mark  from  the  gild  to  relieve  his  condition  when  the  gild  shall 
sit  No  one  of  the  gild  nor  of  the  franchise  shall  avow  another's 
goods  for  his  by  which  the  custom  of  the  city  shall  be  injured.  And 
if  any  one  does  so  and  is  convicted,  he  shall  lose  the  gild  and  the 
franchise  ;  and  the  merchandise  so  avowed  shall  be  forfeited  to  the  king. 

§  23.  And  no  private  man  nor  stranger  shall  bargain  for  or  buy 
any  kind  of  merchandise  coming  into  the  city  before  a  burgess  of  the 
gild  merchant,  so  long  as  the  gildsman  is  present  and  wishes  to  bargain 
for  and  buy  this  merchandise ;  and  if  anyone  does  so  and  is  convicted, 
that  which  he  buys  shall  be  forfeited  to  the  king. 

§  24.  And  anyone  who  is  of  the  gild  merchant  shall  share  in  all 
merchandise  which  another  gildsman  shall  buy  or  any  other  person, 
whosoever  he  is,  if  he  comes  and  demands  part  and  is  there  where  the 
merchandise  is  bought,  and  also  if  he  gives  satisfaction  to  the  seller  and 
gives  security  for  his  part.  But  no  one  who  is  not  a  gildsman  is  able 
or  ought  to  share  with  a  gildsman,  without  the  will  of  the  gildsman. 

§  25.  And  if  any  gildsman  or  other  of  the  city  refuse  a  part  to  the 
gildsman  in  the  manner  above  said,  he  shall  not  buy  or  sell  in  that 
year  in  the  town,  except  his  victuals. 

§  26.  And  if  any  merchant  of  the  town  buys  wine  or  grain  so  that 
all  the  risk  shall  be  on  the  buyer,  he  shall  not  pay  custom  for  this 
merchandise.     And  if  any  risk  is  upon  the  seller,  he  shall  pay. 

§  27.  It  is  provided  that  the  chief  alderman  of  the  towil,  or  the 
bailiffs  and  the  twelve  sw^orn  men,  shall  give  attention  to  the  merchants 
as  well  strangers  as  private  men,  as  often  as  it  shall  be  required,  to 
see  that  they  have  sufficient  security  for  their  debts,  and  recognisance  from 
their  debtors ;  and  the  day  of  this  shall  be  enrolled  before  them,  so 
that  if  that  day  is  not  kept,  on  proof  by  the  creditor,  the  debtor  should 
be  then  distrained  according  to  the  recognisance  which  he  has  made,  in 
lands  and  chattels,  to  give  satisfaction  according  to  the  usage  of  the  town, 
without  any  manner  of  pleading,  so  that  the  men  of  the  town  should 
not  have  damage  by  the  default  of  payment  of  the  debtors  aforesaid. 

§  28.  And  if  any  gildsman  for  any  debt  which  he  may  owe,  will 
not  suffer  himself  to  be  distrained,  or  when  he  has  been  distrained,  shall 
break  through,  or  make  removal  or  break  the  king's  lock,  and  be  con- 
victed thereof,  he  shall  lose  his  gildship  until  he  has  bought  it  again 
for  twenty  shillings,  and  this  each  time  that  he  offends  in  such  manner. 


1 6  TRANSLATIONS   AND   REPRINTS 

And  he  shall  be  none  the  less  distrained  until  he  has  made  satisfaction 
for  the  debt  he  owes  ;  and  if  he  will  not  submit  to  justice  as  aforesaid 
and  be  thereof  convicted,  he  shall  go  to  prison  for  a  day  and  a  night 
like  one  who  is  against  the  peace  ;  and  if  he  will  not  submit  to  justice  let 
the  matter  be  laid  before  the  king  and  his  council  in  manner  aforesaid. 

§  29.  And  the  chief  alderman,  and  the  twelve  sworn  men,  or  the 
bailiffs,  each  month,  or  at  least  four  times  a  year  shall  see  that  the  assize 
of  bread  and  ale  be  well  kept  in  all  points  according  to  the  price  of  corn.* 

§  32.  Every  year,  on  the  morrow  of  St.  Michael,  shall  be  elected 
by  the  whole  community  of  the  town,  assembled  in  a  place  provided,  to 
consider  the  estate  and  treat  of  the  common  business  of  the  town — then 
shall  be  elected  by  the  whole  community,  twelve  discreet  men  to  exe- 
cute the  king's  commands,  together  with  the  bailiffs,  and  to  keep  the 
peace  and  protect  the  franchise,  and  to  do  and  keep  justice  to  all  per- 
sons, as  well  poor  as  rich,  natives  or  strangers,  all  that  year ;  and  to  this 
they  shall  be  sworn  in  the  form  provided.  And  these  twelve  discreet  men 
shall  choose  the  same  day  two  discreet  men  from  among  themselves  and 
the  other  profitable  and  wise  men  to  be  bailiffs  for  the  ensuing  year, 
who  shall  take  care  that  the  customs  shall  be  well  paid ;  and  they  shall 
receive  their  jurisdiction  the  day  after  Michaelmas,  as  has  been  custo- 
mary. And  this  shall  be  done  from  year  to  year,  so  that  the  bailiffs 
shall  be  renewed  every  year,  and  the  twelve  aforesaid,  if  there  is  occa- 
sion. The  same  shall  be  done  as  to  clerk  and  sergeants  of  the  city  ,  in 
making  and  removing. 

§  35.  The  common  chest  shall  be  in  the  house  of  the  chief  alder- 
man or  of  the  steward,  and  the  three  keys  of  it  shall  be  lodged  with  three 
discreet  men  of  the  aforesaid  twelve  sworn  men,  or  with  three  of 
the  skevins,  who  shall  loyally  take  care  of  the  common  seal,  and  the 
charters  and  the  treasure  of  the  town,  and  the  standards,  and  other 
muniments  of  the  town ;  and  no  letter  shall  be  sealed  with  the  common 
seal,  nor  any  charter  taken  out  of  the  common-chest  but  in  the  presence 
of  six  or  twelve  sworn  men,  and  of  the  alderman  or  steward ;  and 
nobody  shall  sell  by  any  kind  of  measure  or  weight  that  is  not  sealed, 
under  forfeiture  of  two  shillings. 

§  63.  No  one  shall  go  out  to  meet  a  ship  bringing  wine  or  other 
merchandise  coming  to  the  town,  in  order  to  buy  anything,  before  the 


^The  remaining  48  paragraghs,  with  the  exception  of  §  32,  §  35  and  §  63,    are 
of  comparatively  little  significance  as  explanatory  of  the  ordinary  gild  merchant. 


GILD    MERCHANT    OF    LYNN.  1 7 

ship  be  arrived  and  come  to  anchor  for  unlading ;  and  if  any  one  does 
so  and  is  convicted,  the  merchandise  which  he  sliall  have  bought  shall 
be  forfeited  to  the  king. 

ORDINANCE  OF  THE  GILD  MERCHANT  OF  THE  HOLY 

TRINITY  OF  L  YNN  REGIS. 

English  :  Gross'  Gild  Merchant,  II,  i6o;  and  Richard's  History  of  Lynn,  452-458. 

§  1.  If  any  stranger  is  willing  to  enter  into  the  fraternity,  he 
ought  to  pledge  into  the  hands  of  the  alderman  100s.  and  the  aforesaid 
dues  of  the  house.  That  is  to  say,  to  the  alderman  4d.  to  the  clerk  2d. 
to  the  dean  2d.  and  afterward  out  of  the  100s.  pledged  with  the  alder- 
man and  his  brethren S   and  shall  immediately  give 

one  sextary  of  wine,  that  is  lOd. 

§  2.  If  any  brother  has  a  son,  or  sons,  legitimate,  who  are  willing 
to  enter  into  the  said  fraternity,  each  one  ought  to  pay  for  his  entrance 
4s.  the  aforesaid  dues  being  excepted. 

§  3.  Whoever  will  enter  into  the  said  fraternity,  ought  on  the 
first  day  of  his  admission  to  wait  and  serve  before  the  alderman  and 
the  brethren  honorably,  in  neat  clothes  and  a  coronet  of  gold  or  silver. 

§  4.  The  alderman  to  have  on  the  day  of  Pentecost  one  sextary 
of  wine,  and  the  dean  half  a  sextary,  the  clerk  half  and  each  of  the 
skevins,  the  same  day,  half  a  sextary,  and  every  day  after,  as  long  as 
the  drinking  shall  continue,  the  alderman  shall  have  half  a  sextary, 
the  dean,  clerk  and  each  of  the  skevins  one  gallon,  and  each  of  the 
attendants  half  a  gallon,  at  evening. 

§  5.  If  any  of  the  brethren  shall  disclose  to  any  stranger  the 
councils  of  the  said  gild,  to  their  detriment  without  the  assent  of  the 
alderman  and  his  brethren,  he  shall  forfeit  the  sum  of  3 2d. 

§  6.  If  any  of  the  brethren  shall  fall  into  poverty  or  misery,  all 
the  brethren  are  to  assist  him  by  common  consent  out  of  the  chattels  of 
the  house  or  fraternity,  or  of  their  proper  own. 

§  7.  If  any  brother  shall  be  impleaded,  either  within  Lynn  or 
without,  the  brethren  there  present  ought  to  assist  him  in  their  council, 
if  they  are  called,  to  stand  with  him  and  counsel  him  without  any  costs ; 
and  if  they  do  not  they  are  to  forfeit  3 2d. 

§  8.  None  of  the  brethren  is  to  come  into  the  gild  before  the 
alderman  and  his  brethren  with  his  cap  or  hood  on,  or  barefoot,  or  in 
any  rustic  manner ;  if  he  does  he  is  to  be  amerced  4d. 


^  Illegible  in  the  manuscript. 


1 8  TRANSLATIONS    AND    REPRINTS. 

§  9.  If  any  one  should  sleep  at  the  gild,  either  at  the  general 
meeting  or  at  their  feasts  and  drinking,  he  is  to  forfeit  4d. 

§  10.  If  any  one  turns  him  rudely  to  his  brother,  or  calls  him  by 
any  rude  name,  he  is  to  be  amerced  4d. 

§  11.  If  any  is  called  and  cited  at  a  prime^  and  does  not  come 
before  the  issue  of  the  first  consult,  he  is  to  pay  Id.  by  order  of  the 
dean ;  and  if  he  refuses  and  sits  down  he  is  to  be  amerced  4d. 

§  12.  If  any  one  should  be  cited  to  the  prime,  and  shall  be 
found  in  the  town  or  shall  come  late  to  the  drinking,  and  the  dean  shall 
say  to  him  to  be  there  at  the  next  prime,  and  he  does  not  come  before 
they  begin  to  take  judgments  of  defaults,  he  shall  either  make  some 
reasonable  excuse,  or  pay  12d.,  and  if  he  comes  before  the  faults  are 
adjudged,  and  shall  depart  without  leave  he  shall  pay  12d. 

§  13.  If  any  one  of  this  house  shall  buy  anything  and  a  brother 
shall  come  in  unexpectedly  before  the  agreement,  or  at  it,  he  ought  to 
be  a  partner  with  him  that  buys,  and  if  the  buyer  refuses  it,  he  is  to  be 
amerced  half  a  mark. 

§  14.  If  any  servant  of  the  brethren  comes  at  the  drinking,  or  the 
prime,  he  is  to  lay  down  his  cap  and  cloak,  and  give  it  to  the  janitor  to 
keep,  whilst  he  enters  and  speaks  to  his  master,  and  then  he  is  to  depart 
forthwith  ;  if  it  is  at  the  drinking,  let  him  drink  once  or  twice,  provided 
he  does  not  sit,  and  then  he  is  to  depart,  and  if  he  does  not  his  master 
is  to  be  amerced. 

§  15.  If  any  one  refuse  to  obey  the  precept  of  the  alderman  or 
dean,  for  the  honor  and  profit  of  the  house,  he  is  to  be  amerced  12s. 

§  16.  If  any  poor  brother  shall  die,  the  alderman  and  brethren 
shall  see  that  his  body  be  honorably  buried,  of  the  goods  or  chattels  of 
the  house,  or  out  of  alms,  if  he  has  not  the  wherewith  to  bury  himself. 

§  17.  If  the  alderman  shall  die,  none  belonging  to  him,  neither 
son  nor  any  other,  can  act  in  anything  as  alderman,  but  the  brethren 
may  choose  a  new  alderman,  whom  they  please. 

§  18.  If  any  brother  shall  die,  the  dean  is  to  summon  all  the 
brethren  to  make  their  offerings  for  the  soul  of  the  deceased ;  and  if 
anyone  is  absent  he  is  to  give  M.  at  the  next  prime  following,  for  the 
soul  of  the  defunct,  and  the  dean  is  to  have  4d.  of  the  alms  collected, 
for  the  citing  of  the  brethren. 


^Principal  or  regular  meeting. 


GILD    MERCHANT   OF    LYNN.  1 9 

§  19.  If  any  brother,  or  alderman,  shall  act  contrary  to  the  ordi- 
nances of  this  house,  he  is  either  to  forfeit  his  brotherhood,  or  pay 
half  a  mark  for  the  good  of  the  house. 

§  20.  No  one  shall  intrude  himself  while  the  drinking   continues. 

§  21 .  If  any  brother  shall  offend  another  brother,  in  word  or  deed, 
he  shall  make  no  complaint  but  to  the  alderman  first,  and  the  mayor  ; 
if  he  does  not  he  is  to  be  amerced  half  a  mark. 

§  22.  If  the  skevins  shall  merchandize  with  the  chattels  of  the 
house,  no  brother  shall  have  any  part  therein,  but  the  whole  profit  shall 
go  to  the  use  of  the  gild. 

§  23.  The  skevins  are  to  swear,  when  they  receive  the  chattels  of 
the  house,  that  they  will  employ  the  same  faithfully  to  the  good  of  the 
gild,  and  will  fully  account  and  answ^er  for  the  profit. 

Selections  from  the  USAGES  AND  CUSTOMS  OF  THE  GILD    OF 
THE  HOLY  TRINITY  OF  LYNN. 

If  any  of  the  aforesaid  brethren  shall  die  in  the  said  town  or  else- 
where, as  soon  as  knowledge  thereof  shall  come  to  the  alderman,  the 
said  alderman  shall  order  solemn  mass  to  be  celebrated  for  him,  at 
which  every  brother  of  the  said  gild  that  is  in  town  shall  make  his 
offering ;  and  further,  the  alderman  shall  cause  every  chaplain  of  the 
said  gild,  immediately  on  the  death  of  any  brother,  to  say  thirty  masses 
for  the  deceased. 

The  alderman  and  skevins  of  the  said  gild  are  by  duty  obliged 
to  visit  four  times  a  year  all  the  infirm,  all  that  are  in  want,  need  or 
poverty,  and  to  minister  to  and  relieve  all  such,  out  of  the  alms  of  the 
said  gild. 

If  any  brother  shall  become  poor  and  needy,  he  shall  be  supported 
in  food  and  clothing,  according  to  his  exigency,  out  of  the  profits  of  the 
lands  and  tenements,  goods  and  chattels  of  the  said  gild. 

If  anyone  has  a  desire  and  is  willing  for  the  honor  of  the  Holy 
Trinity,  to  be  received  into  the  said  gild,  that  he  may  be  partaker  of 
the  alms  and  benefactions  thereof,  he  shall  give  to  the  said  gild  a  cer- 
tain sum  of  money  to  the  maintenance  of  the  said  alms  and  benefac- 
tions, according  to  what  shall  be  agreed  upon  by  the  alderman  and 
brethren  thereof. 

No  born  serf  or  one  of  such  like  condition,  nor  any  apprentice  can 
be  received,  and  if  any  one  of  such  like  condition  should  be  received 
into  the  said  gild,  the  alderman  and  his  brethren  not  knowing  it,  when 


20  TRANSLATIONS    AND   REPRINTS. 

it  is  truly  and  lawfully  proved,  such  a  one  shall  lose  the  benefit  of  thegild. 

No  one  until  he  arrive  at  the  age  of  twenty-one  years,  and  is  of 
honest  fame  and  condition,  can  be  received  into  the  said  gild. 

It  was  ordained  on  Wednesday,  in  the  week  of  Pentecost,  in  the 
seventh  year  of  Edward  III,  (1334),  that  the  brethren  should  keep  a 
general  morwespeche  three  times  a  year,  to  wit  ;on  Friday  in  Whitsun- 
week,  on  Friday  after  the  exaltation  of  the  Holy  Cross,  and  on  Friday 
in  the  first  week 'of  Lent. 

On  Friday  in  the  week  of  Pentecost,  in  the  23d  year  of  Edward 
III.  (1349),  it  was  provided  by  common  assent  forever  that  no  brother 
should  buy  or  sell  any  millstones  or  marble  stones,  brought  to  Lynn  to 
be  sold,  as  long  as  the  skevins  of  this  house  would  buy  them  for  the 
profit  of  the  gild  and  pay  for  them  to  the  full ;  and  if  any  one  brother 
should  act  contrary  hereto,  he  should  forever  be  deprived  of  the  society. 

On  Friday  next  after  the  feast  of  the  exaltation  of  the  Holy  Cross, 
in  the  81st  year  of  Edward  III,  (1357),  JeflTrey  Drew,  then  being  al- 
derman, it  was  unanimously  agreed  by  the  alderman  and  his  brethren, 
that  as  by  the  grant  of  the  king  in  his  charter,  the  borough  of  Bishop's 
Lynn  had  this  liberty,  that  the  burgesses  of  the  same  in  all  fairs  through 
the  kingdom  of  England  were  free,  and  enjoyed  that  freedom  ;  when, 
therefore,  anyone  of  the  said  burgesses  or  brethren  should  go  to  the  fair 
at  Stourbridge,  or  where  any  such  like  fair  is  held,  and  has  taken  his 
place  by  the  consent  of  any  of  the  bailiflfs  of  those  places,  and  marked 
it  out  by  stakes  or  pins,  by  wood  or  stone ;  if  any  other  burgess  of 
Lynn,  or  brother,  either  by  presents  or  favors,  should  deprive  of  or  ex- 
pel the  aforesaid  burgess  or  brother  from  his  place  so  taken  as  aforesaid, 
he  is  to  be  looked  upon  and  esteemed  as  a  transgressor  of  the  aforesaid 
liberty,  and  to  be  fined  40s.,  so  that  the  person  so  deprived  and  expelled 
may  have  20s.  of  it ;  and  if  the  transgressor  shall  happen  to  be  a  broth- 
er of  the  said  gild,  he  shall  be  obliged  by  the  alderman  to  pay  20s.  for 
the  benefit  of  the  said  gild  ;  and  if  the  transgressor  shall  be  a  burgess, 
and  not  a  brother  of  the  gild,  he  shall  be  obliged  to  pay  20s.  by  the 
mayor  of  the  town,  for  the  benefit  of  the  commonalty  of  the  said  town. 

IV.   CRAFT  GILD  DOCUMENTS. 

The  earliest  mention  of  an  organization  made  up  of  the  members  of  some  one 
industry  in  a  town,  is  to  be  found  in  the  record  of  payments  from  the  weavers'  gilds, 
in  the  exchequer  roll  of  A.  D.  1130,  printed  below.  These  craft  gilds,  later,  es- 
pecially in  the  fourteenth  and  fifteenth  centuries,  became  numerous,  and  in  many 
cases  wealthy  and  influential.     Their  growth  corresponds  to  the  development  of 


CRAFT   GILD   OF   SPURRIERS.  21 

handicrafts  in  the  towns,  as  the  earlier  organizations  corresponded  to  trading. 
Industries  were  subdivided  to  the  most  minute  degree  of  distinction  of  occupation  for 
purposes  of  organization,  some  cities  posessing  fifty  or  more  craft  gilds.  The  va- 
rious branches  of  trade  were  similarly  subdivided  and  organized.  Ultimately  these 
manufacturing,  trading  and  other  industrial  organizations  quite  superseded  the  gilds 
merchant.  The  relations  of  the  craft  gilds  and  other  fraternities  to  the  town  gov- 
ernments varied  from  entire  subordination,  as  in  the  earlier  gilds  in  London,  to  a 
large  measure  of  independent  jurisdiction,  based  in  many  cases,  as  in  that  of  the 
tailors  of  Exeter,  printed  below,  on  a  charter  obtained  directly  from  the  crown. 
In  addition  to  the  functions  of  the  craft  gilds  in  regulating  industry,  preserving  order, 
serving  as  beneficial  societies,  and  religious  and  social  organizations,  their  connection 
with  the  production  of  religious  dramas  became  especially  close.  The  appellation 
of  "mistery  plays, "  given  so  frequently  to  these  pageants  seems  to  be  derived 
from  their  production  by  the  misteries  or  craft  gilds.  The  list  of  pageants  in  the 
Corpus  Christi  play  at  York  is  given  as  typical  of  this  form  of  activity. 


EXTRACTS  FROM  PIPE  ROLL  OF  30  HENRY  /.,  A,  D.  1130. 
Latin  :  Record  Commission  Edition,  1833  ;  pp.   109,  2,  144. 

The  weavers  of  Oxford  return  their  account  of  one  mark  of  gold 
for  their  gild.  In  the  treasury,  £6  for  one  mark  of  gold ;  and  they  are 
quit 

And  the  same  sheriff  returns  his  account  of  one  mark  of  gold  for 
the  gild  of  the  weavers  of  Lincoln.  In  the  treasury,  £6  for  one  mark 
of  gold  ;  and  he  is  quit. 

Robert  the  son  of  Lewistan,  returns  his  account  of  £6  from  the 
gild  of  the  weavei-s  of  London.  In  the  treasury,  he  has  made  his  set- 
tlement ;  and  he  is  quit. 

ARTICLES  OF  THE  SPURRIERS  OF  LONDON,  A.  D.  1345. 
Riley's  Memorials  of  London,  pp.  226-228. 

Be  it  remembered,  that  on  Tuesday,  the  morrow  of  St.  Peter's 
Chains,  in  the  nineteenth  year  of  the  reign  of  King  Edward  III,  the 
articles  underwritten  were  read  before  John  Hammond,  mayor,  Roger 
de  Depham,  recorder,  and  the  alderman  ;  and  seeing  that  the  same 
were  deemed  befitting,  they  were  accepted  and  enrolled  in  these  words. 

In  the  first  place, — that  no  one  of  the  trade  of  spurriers  shall  work 
longer  than  from  the  beginning  of  the  day  until  curfew  rung  out  at  the 
Church  of  St.  Sepulchre,  without  Newgate ;  by  reason  that  no  man  can 
work  so  neatly  by  night  as  by  day.     And  many  persons  of  the  said 


22  TRANSLATIONS    AND    REPRINTS 

trade,  who  compass  how  to  practice  deception  in  their  work,  desire  to 
work  by  night  rather  by  day ;  and  then  they  introduce  false  iron,  and 
iron  that  has  been  cracked,  for  tin,  and  also  they  put  gilt  on  false  coi>- 
per,  and  cracked.  And  further, — many  of  the  said  trade  are  wandering 
about  all  day,  without  working  at  all  at  their  trade  ;  and  then,  when 
they  have  become  drunk  and  frantic,  they  take  to  their  work,  to  the  an- 
noyance of  the  sick,  and  all  their  neighborhood,  as  well  by  reason  of 
the  broils  that  arise  between  them  and  the  strange  folks  who  are  dwell- 
ing among  them.  And  then  they  blow  up  their  fires  so  vigorously,  that 
their  forges  begin  all  at  once  to  blaze  to  the  great  peril  of  themselves 
and  of  all  the  neighborhood  around.  And  then,  too,  all  the  neighbors 
are  much  in  dread  of  the  sparks,  which  so  vigorously  issue  forth  in  all 
directions  from  the  mouths  of  the  chimneys  in  their  forges.  By  reason 
thereof  it  seems  unto  them  that  working  by  night  should  be  put  an  end 
to,  in  order  such  false  work  and  such  perils  to  avoid :  and  therefore  the 
mayor  and  the  aldermen  do  will,  by  the  assent  of  the  good  folks  of  the 
said  trade,  and  for  the  common  profit,  that  from  henceforth  such  time 
for  working,  and  such  false  work  made  in  the  trade,  shall  be  forbidden. 
And  if  any  person  shall  be  found  in  the  said  trade  to  do  the  contrary 
hereof,  let  him  be  amerced,  the  first  time  in  40d.,  one-half  thereof  to  go 
to  the  use  of  the  Chamber  of  the  Guildhall  of  London,  and  the  other 
half  to  the  use  of  the  said  trade ;  the  second  time,  in  half  a  mark,  and 
the  third  time  in  10s.,  to  the  use  of  the  same  Chamber  and  trade ;  and 
the  fourth  time,  let  him  forswear  the  trade  forever. 

Also  that  no  one  of  the  said  trade  shall  hang  his  spurs  out  on  Sun- 
days, or  any  other  days  that  are  double  feasts ;  but  only  a  sign  indica- 
cating  his  business :  and  such  spurs  as  they  shall  so  sell,  they  are  to 
show  and  sell  within  their  shops,  without  exposing  them  without,  or 
opening  the  doors  or  windows  of  their  shops,  on  the  pain  aforesaid. 

Also,  that  no  one  of  the  said  trade  shall  keep  a  house  or  shop  to 
carry  on  his  business,  unless  he  is  free  of  the  city  ;  and  that  no  one  shall 
cause  to  be  sold,  or  exposed  for  sale,  any  manner  of  old  spurs  for  new 
ones,  or  shall  garnish  them  or  change  them  for  new  ones. 

Also,  that  no  one  of  the  said  trade  shall  take  an  apprentice  for  a 
less  term  than  seven  years,  and  such  apprentice  shall  be  enrolled  accord- 
ing to  the  usages  of  the  said  city. 

Also,  that  if  any  one  of  the  said  trade,  who  is  not  a  freeman,  shall 
take  an  apprentice  for  a  term  of  years,  he  shall  be  amerced  as  aforesaid. 


CRAFT    GILD   OF    SPURRIERS.  23 

Also,  that  no  one  of  the  said  trade  shall  receive  the  apprentice, 
serving-man  or  journeyman  of  another  in  the  same  trade,  during  the 
term  agreed  upon  between  his  master  and  him  ;  on  the  pain  aforesaid. 

Also,  that  no  alien  of  another  country,  or  foreigner  of  this  country, 
shall  follow  or  use  the  said  trade,  unless  he  is  enfranchised  before  the 
mayor,  alderman  and  chamberlain  ;  and  that  by  witness  and  surety  oi 
the  good  folks  of  the  said  trade,  who  will  undertake  for  him  as  to  his 
loyalty  and  his  good  behavior. 

Also,  that  no  one  of  the  said  trade  shall  work  on  Saturdays,  after 
None  has  been  rung  out  in  the  City ;  and  not  from  that  hour  until  the 
Monday  morning  following. 

ORDINANCES  OF  THE  WHITE-TAWYERS. 
Riley's  Memorials  of  London,  pp.  232-234. 

In  honor  of  God,  of  Our  Lady,  and  of  All  Saints,  and  for  the 
nurture  of  tranquillity  and  peace  among  the  good  folks  the  megucers, 
called  white-tawyers,^  the  folks  of  the  same  trade  have,  by  assent  of 
Richard  Lacer,  mayor,  and  of  the  aldermen,  ordained  the  points 
under-written. 

In  the  first  place,  they  have  ordained  that  they  will  find  a  wax 
candle,  to  burn  before  our  Lady  in  the  church  of  Allhallows,  near 
London  wall. 

Also,  that  each  person  of  the  said  trade  shall  put  in  the  box  such 
sum  as  he  shall  think  fit,  in  aid  of  maintaining  the  said  candle. 

Also,  if  by  chance  any  one  of  the  said  trade  shall  fall  into  poverty, 
whether  through  old  age  or  because  he  cannot  labor  or  work,  and  have 
nothing  with  which  to  keep  himself,  he  shall  have  every  week  from  the 
said  box  7d.  for  his  support,  if  he  be  a  man  of  good  repute.  And 
after  his  decease,  if  he  have  a  wife,  a  woman  of  good  repute,  she  shall 
have  weekly  for  her  support  7d.  from  the  said  box,  so  long  as  she  shall 
behave  herself  well  and  keep  single. 

And  that  no  stranger  shall  work  in  the  said  trade,  or  keep  house 
for  the  same  in  the  city,  if  he  be  not  an  apprentice,  or  a  man  admitted 
to  the  franchise  of  the  said  city. 

And  that  no  one  shall  take  the  serving-man  of  another  to  work 
with  him,  during  his  term,  unless  it  be  with  the  permission  of  his 
master. 

^Those  who  dressed  leather  with  salt,  alum  and  other  substances,  giving  it  a 
white  surface. 


24  TRANSLATIONS    AND    REPRINTS. 

And  if  any  one  of  the  said  trade  shall  have  work  in  his  house  that 
he  cannot  complete,  or  if  for  want  of  assistance  such  work  shall  be  in 
danger  of  being  lost,  those  of  the  said  trade  shall  aid  him,  that  so  the 
said  work  be  not  lost. 

And  if  any  one  of  the  said  trade  shall  depart  this  life,  and  have 
not  wherewithal  to  be  buried,  he  shall  be  buried  at  the  expense  of 
their  common  box.  And  when  any  one  of  the  said  trade  shall  die,  all 
those  of  the  said  trade  shall  go  to  the  vigil,  and  make  offering  on  the 
morrow. 

And  if  any  serving-man  shall  conduct  himself  in  any  other  man- 
ner than  properly  towards  his  master,  and  act  rebelliously  toward  him, 
no  one  of  the  said  trade  shall  set  him  to  work,  until  he  shall  have  made 
amends  before  the  mayor  and  aldermen  ;  and  before  them  such  mis- 
prision shall  be  redressed. 

And  that  no  one  of  the  said  trade  shall  behave  himself  the  more 
thoughtlessly,  in  the  way  of  speaking  or  acting  amiss,  by  reason  of  the 
points  aforesaid  ;  and  if  any  one  shall  do  to  the  contrary  thereof,  he  shall 
not  follow  the  said  trade  until  he  shall  have  reasonably  made  amends. 

And  if  any  one  of  the  said  trade  shall  do  to  the  contrary  of  any 
point  of  the  ordinances  aforesaid,  and  be  convicted  thereof  by  good 
men  of  the  said  trade,  he  shall  pay  to  the  Chamber  of  the  Gildhall  of 
London,  the  first  time  2s.,  the  second  time  40d.,  the  third  time  half  a 
mark,  and  the  fourth  time  10s.,  and  shall  forswear  the  trade. 

Also, — ^  that  the  good  folks  of  the  same  trade  shall  once  in  the 
year  be  assembled  in  a  certain  place,  convenient  thereto,  there  to  choose 
two  men  of  the  most  loyal  and  benefitting  of  the  said  trade,  to  be  over- 
seers of  work  and  all  other  things  touching  the  trade  for  that  year  ; 
which  persons  shall  be  presented  to  the  mayor  and  aldermen  for  the 
time  being,  and  sworn  before  them  diligently  to  inquire  and  make 
search,  and  loyally  to  present  to  the  said  mayor  and  aldermen  such  de- 
faults as  they  shall  find  touching  the  said  trade  without  sparing  anyone 
for  friendship  or  for  hatred,  or  in  any  other  manner.  And  if  any  one 
of  the  said  trade  shall  be  found  rebellious  against  the  said  overseers,  so 
as  not  to  let  them  properly  make  their  search  and  assay,  as  they 
ought  to  do  ;  or  if  he  shall  absent  himself  from  the  meeting  aforesaid, 
without  reasonable  cause,  after  due  warning  by  the  said  overseers,  he 
shall  pay  to  the  Chamber,  upon  the  first  default,  40d.  ;  and  on  the  sec- 

1  This  and  the  succeeding  paragraphs  were  added   to   the   earlier   ordinances 
thirty  years  later,  that  is  in  1376. 


CRAFT   GILD   OF    WHITE-TAWYERS.  25 

ond  like  default,  half  a  mark  ;  and  ou  the  third  one  mark ;  and  on  the 
fourth,  20s.,  and  shall  forswear  the  trade  forever. 

Also,  that  if  the  overseers  shall  be  found  lax  and  negligent  about 
their  duty,  or  partial  to  any  person  for  gift  or  for  friendship,  maintaining 
him  or  voluntarily  permitting  him  to  continue  in  his  default,  and  shall 
not  present  him  to  the  mayor  and  aldermen,  as  before  stated,  they  are 
to  incur  the  penalty  aforesaid. 

Also,  that  each  year,  at  such  assemblies  of  the  good  folks  of  the 
said  trade,  there  shall  be  chosen  overeeers,  as  before  stated.  And  if  it 
be  found  that  through  laxity  or  negligence  of  the  said  governors  such 
assemblies  are  not  held,  each  of  the  said  overseers  is  to  incur  the  said 
penalty. 

Also,  that  all  skins  falsely  and  deceitfully  wrought  in  their  trade 
which  the  said  overseers  shall  find  on  sale  in  the  hands  of  any  person, 
citizen  or  foreigner,  within  the  franchise  shall  be  forfeited  to  the  said 
chamber,  and  the  worker  thereof  amerced  in  manner  aforesaid. 

Also,  that  no  one  who  has  not  been  an  apprentice,  and  has  not 
finished  his  term  of  apprenticeship  in  the  said  trade,  shall  be  made  free 
of  the  same  trade  ;  unless  it  be  attested  by  the  overseers  for  the  time 
being,  or  by  four  persons  of  the  said  trade,  that  such  person  is  able  and 
sufficiently  skilled  to  be  made  free  of  the  same. 

Also,  that  no  one  of  the  said  trade  shall  induce  the  servant  of 
another  to  work  with  him  in  the  said  trade,  until  he  has  made  a  proper 
fine  with  his  first  master,  at  the  discretion  of  the  said  overseers,  or  of 
four  reputable  men  of  the  said  trade.  And  if  any  one  shall  do  to  the 
contrary  thereof,  or  receive  the  serving  workman  of  another  to  work 
with  him  during  his  term,  without  leave  of  the  trade,  he  is  to  incur  the 
said  penalty. 

Also,  that  no  one  shall  take  for  working  in  the  said  trade  more 
than  they  were  wont  heretofore,  on  the  pain  aforesaid  ;  that  is  to  say, 
for  the  dyker  ^  of  Scotch  stags,  half  a  mark  ;  the  dyker  of  Irish  stags, 
half  a  mark ;  the  dyker  of  Spanish  stags,  lOs.  ;  for  the  hundred  of  goat 
skins,  20s.  ;  the  hundred  of  roe  leather,  168.  ;  for  the  hundred  skins 
of  young  deer,  Ss.  ;  and  for  the  hundred  of  kid  skins,  8s. 


*  A  dyker  is  a  package  of  ten. 


26  TRANSLATIONS    AND    REPRINTS. 

ORDINANCES  OF  THE  GILD  OF  THE    TAILORS,    EXETER, 

A.  D.  1466. 
English  :  Smith's  English  Gilds,  Early  English  Text  Society,  1870,  pp.  312-316. 

To  the  worship  of  God  and  of  our  Lady  Saiiit  Mary,  and  of  St. 
John  the  Baptist,  and  of  all  Saints  ;  These  be  the  ordinances  made 
and  established  of  the  fraternity  of  the  craft  of  tailors,  of  the  city  of 
Exeter,  by  assent  and  consent  of  the  fraternity  of  the  craft  aforesaid  gath- 
ered there  together,  for  evermore  to  endure. 

First,  it  is  ordained,  by  virtue  of  the  charter^  granted  by  our  sov- 
ereign lord  King  Edward  the  Fourth,  in  the  sixth  year  of  his  reign, 
that  tlie  master  of  the  aforesaid  craft  for  the  time  being,  every  Thurs- 
day shall  be  at  the  common  hall,  or  else  a  deputy  for  him  upon  pain  of 
two  pounds  of  wax.  And  every  warden  that  is  absent  without  reason- 
able cause  shall  pay  a  pound  of  wax  to  the  use  and  profit  of  the  afore- 
said fraternity  ;  and  that  the  aforesaid  master  and  wardens  be  there 
every  Thursday  at  nine  of  the  clock,  there  to  ordain  and  rule  what  may 
be  for  the  welfare  of  the  fraternity  and  craft  aforesaid,  and  none  to  act 
without  the  other. 

Also,  it  is  ordained  by  the  master  and  wardens  and  the  conmion 
council  aforesaid  that  every  person  who  is  privileged  with  the  craft 
aforesaid  who  is  of  the  value  of  £20  of  goods  and  above,  shall  be  of 
the  masters'  fellowship  and  clothing.  And  every  person  that  is  of  the 
fellowship  and  the  aforesaid  craft  shall  pay,  every  year,  for  his  feast,  at 
Midsummer,  12d.,  and  his  offering  ;  and  for  his  clothing  as  it  comes  to, 
within  a  month  from  Midsummer  day,  upon  pain  of  being  put  out  of  the 
aforesaid  fraternity  and  craft  for  evermore.  And  every  person  that  is  so 
admitted  shall  pay  a  spoon  of  silver,  weighing  an  ounce,  and  its 
fashioning. 

Also,  it  is  ordained  that  every  out-brother,^  that  is  not  privileged 
of  the  aforesaid  fraternity  and  gild,  shall  pay  every  year  6d.  at  Mid- 
summer. And  if  he  refuse  to  pay  this  within  a  month  from  Midsum- 
mer, he  is  to  be  dismissed  from  the  aforesaid  fraternity  and  gild  for 
evermore. 


^  A  charter  granted  directly  by  the  king,  17th  November,  1466  ;  the  original 
with  a  portion  of  the  great  seal  attached  being  still  in  the  archives  of  the  city  of 
Exeter. 

2  •* You te  Brodere,"  apparently  means  a^  member  of  the  gild  who  is  not  by 
occupation  a  tailor. 


CRAFT   GILD   OF   TAILORS.  27 

Also,  it  is  ordaiued  that  all  the  fellowship  of  the  bachelors  shall 
hold  their  feast  on  St.  John's  day,  in  harvest.  And  every  person  that 
is  a  shop-holder  of  the  aforesaid  fellowship  and  craft  shall  pay  to  the 
aforesaid  feast  8d.  and  his  offering.  And  every  servant^  that receiveth 
wages  shall  pay  6d.  to  the  aforesaid  feast.  And  every  out-brother  that 
is  of  the  aforesaid  fellowship  shall  pay,  every  year,  4d.  And  if  any 
of  the  fellowship  and  craft  aforesaid,  refuse  to  pay  this,  then  their  names 
shall  be  certified  to  the  master  and  wardens,  that  they  may  do  correction 
therein,  as  belongeth  to  them  to  do,  according  to  charter  granted  by  the 
sovereign  lord,  the  King  Edward  the  Fourth,  the  sixth  year  of  his 
reign,  by  assent  and  consent  of  the  mayor,  the  bailiffs,  and  commons  of 
the  city  of  Exeter,  for  ever  to  endure. 

Also,  it  is  ordained  by  the  aforesaid  master  and  wardens  and  fel- 
lowship of  the  fraternity  and  craft  aforesaid  that  every  servant 
that  is  of  the  aforesaid  craft  that  taketh  wages  to  the  value  of  20s.  and 
above  shall  pay  20d.  to  be  a  free  sewer,  to  the  use  and  profit  of  the 
aforesaid  fraternity ;  that  no  man  of  the  aforesaid  craft  set  any  new 
sewer  to  work  above  the  space  of  fifteen  days  without  bringing  him  be- 
fore the  master  and  wardens  there  to  pay  his  20d.  to  be  made  a  free 
sewer,  or  else  to  find  a  surety. 

Also  it  is  ordained  by  the  master  and  wardens  aforesaid  that  if  any 
person  of  the  aforesaid  craft  who  is  bound  to  pay  any  debt  over  to  the 
aforesaid  master  and  wardens,  breaks  his  day  by  the  space  of  half  a 
year,  he  shall  forfeit  his  whole  bond.  Provided,  always,  that  if  any 
person  or  persons  aforesaid  have  fallen  into  poverty,  and  will  testify  so 
by  his  oath,  he  shall  be  discharged  of  his  bond  and  debt  and  shall  have 
sustenance  by  the  foresaid  craft  as  may  be  thought,  by  their  discretion, 
convenient  and  reasonable. 

Also,  it  is  ordained  by  the  foresaid  master  and  wardens  that  if 
any  brother  of  the  aforesaid  fraternity  and  craft  despise  another,  calling 
him  knave,  or  whoreson,  or  stupid,  or  any  other  misname,  he  shall  pay 
at  the  first  fault,  12d.  ;  at  the  second  fault,  20d.  ;  and  at  the  third  fault, 
to  be  put  out  of  the  fraternity  and  craft  for  evermore. 

Also,  it  is  ordained  by  the  foresaid  master  and  wardens  and  the 
whole  fellowship,  that  if  any  brother  of  the  aforesaid  craft  take  any 

*  There  are  evidently,  in  addition  to  the  out-brethren,  three  classes  of  mem- 
bers of  the  gild:  (i)  those  of  ;^20  and  above,  who  wear  the  livery;  (2) 
the  shop-holders  or  independent  craftsmen  of  less  substance  than  the  former ;  and 
(3)     the  servants,  journeymen,  or  free   sewers  as  they  are  subsequently  called. 


28  TRANSLATIONS   AND   REPRINTS. 

clothing  of  any  lord,  knight  or  gentlemen,  outside  of  the  city  without 
leave  of  the  master  and  wardens,  at  the  lirst  fault,  40s.,  and  at  the 
second  fault  to  be  put  out  of   the  fraternity  and   craft  for  evermore. 

Also,  it  is  ordained  by  the  foresaid  master  and  wardens  that  there 
shall  be  four  quarter-days  that  every  brother  of  this  craft  shall  assem- 
ble at  our  common-hall.  And  every  shop-holder  shall  spend  2d.  for  a 
breakfast,  or  send  his  money  by  a  deputy.  And  at  that  the  oath  and  the 
ordinances  and  constitutions  shall  be  read.  The  first  day  shall  be  the 
next  Thursday  after  Twelfth  day,  and  the  second  day  shall  be  the  sec- 
ond Thursday  after  Easter,  and  the  third  day  shall  be  the  second 
Thursday  after  the  feast  of  St.  John  the  Baptist,  and  the  fourth  day 
shall  he  the  next  Thursday  after  St.  Michael's  day.  And  at  every  of 
these  foresaid  days,  after  dinner  there  shall  come  all  free  sewers  and 
take  the  remains  of  the  meat  and  drink  that  the  aforesaid  master  and 
shop-holders  leave;  and  each  of  them  shall  spend  Id.  to  the  welfare  of 
the  aforesaid  fraternity  and  gild. 

Also,  it  is  ordained  by  the  master  and  wardens  that  at  every  coste 
of  ale  that  is  given  into  the  aforesaid  fraternity  and  gild,  every  shop- 
holder  shall  spend  thereto  Id.,  and  every  free  sewer  one  farthing,  and 
he  that  cometh  not  shall  send  his  money  by  the  beadle,  upon  pain  of  one 
pound  of  wax. 

Also,  it  is  ordained  by  the  master  and  wardens  and  all  the  whole 
craft,  that  from  henceforth  no  man  of  the  said  craft  shall  hold  more 
than  three  servants  and  one  apprentice  at  the  most,  without  license  of 
the  master  and  wardens  for  the  time  being,  upon  pain  of  40s.  and  he 
that  pleadeth  for  him  that  doth  against  this  ordinance  shall  forfeit  20s. 

Also,  it  is  ordained  by  the  master  and  wardens  and  all  the  whole 
craft,  that  every  person  of  the  said  craft  that  taketh  an  apprentice  shall 
bring  him  before  the  master  and  wardens,  there  to  have  his  indenture 
enrolled,  the  master  to  pay  12d.  for  his  enrollment.  This  is  to  be  done 
within  a  twelvemonth  and  a  day  or  else  he  is  to  lose  his  freedom  of  the 
craft  for  evermore. 

Also,  it  is  ordained  by  the  master  and  wardens  and  the  craft  afore- 
said that  every  apprentice  of  the  said  craft  that  is  enrolled  and  truly 
serveth  his  covenant  shall  pay  a  silver  spoon  weighing  an  ounce  and  its 
fashioning,  and  shall  give  a  breakfast  to  the  foresaid  master  and  wardens 
before  the  day  that  he  is  able  to  be  made  freeman  of  the  city  aforesaid  ; 
and  if  he  pay  not  a  spoon  worth  48.,  then  4s.  in  money  for  the  same. 

Also,  it  is  ordained  by  the  master  and  wardens  and  the  whole  fel- 


CRAFT   GILD   OF   TAILORS.  29 

lovvship  that  every  person  that  shall  be  made  free  of  the  craft  by 
redemption  shall  pay  20s.  to  his  fine  v;ithout  any  pardon  ;  and 
when  he  is  enabled,  shall  give  a  breakfast  to  the  master  and  wardens, 
before  he  is  admitted  free  man  of  the  city.  And  every  person  so  enabled 
from  henceforth  shall  have,  the  first  year,  but  one  servant,  the  second 
year,  two,  the  third,  three,  and  an  apprentice  if  he  be  able.  And  he 
that  doeth  against  this  ordinance  shall  forfeit,  at  the  first  fault,  20s.  at 
the  second  offense,  40s.,  at  the  third  offense,  he  shall  be  put  out  of  the 
fraternity  and  craft  for  evermore. 


ORDER  OF  THE  PAGEANTS  OF  THE  CORPUS  CHRISTI 

PLAY  IN  THE  CITY  OF  YORK,  A.  D.  141  5. 

English  :  L.  T.  Smith's  **York  Plays."     Introduction,  xix. 

Each  fraternity  or  craft-gild  had  charge  of  one  scene  in  the  whole  series  and 
performed  it  on  a  platform  on  wheels,  successively,  at  each  appointed  station  in  the 
city  on  Corpus  Christi  day.  As  one  scene  was  completed,  its  players  moved  on  to 
the  next  station,  their  place  being  taken  by  the  company  having  in  charge  the  next 
pageant  in  the  series. 

Tanners. — God  the   Father   Omnipotent  creating  and  forming  the 

heavens,  the  angels  and  archangels,  Lucifer  and  the  angels  who 

fell  with  him  into  the  pit. 
Plasterers. — God  the  Father  in  his  substance  creating  the  earth  and 

all  things  which  are  therein,  in  the  space  of  five  days. 
Cardmakers. — God  the  Father  forming  Adam  from  the  mud  of  the 

earth,  and  making  Eve  from  Adam's  rib,  and  inspiring  them  with 

the  breath  of  life. 
Fullers. — God  forbidding  Adam  and  Eve  to  eat  of  the  tree  of  life. 
Coopers. — Adam  and  Eve  and  the  tree  between  them,   the  serpent 

deceiving  them  with  apples ;  God  speaking  to  them  and  cursing 

the  serpent,  and  an   angel   with   a  sword   driving   them   out  of 

Paradise. 
Armorers. — Adam   and   Eve,   an   angel   with   a  spade  and  distaff 

appointing  them  their  labor. 
Glovers. — Able  and  Cain  sacrificing  victims. 
Ship\vrights. — God  warning  Noah  to  make  an  ark  out  of  planed 

wood. 
Fishmongers  and  Mariners. — Noah  in  the  ark  with  his  wife,  three 

sons  of  Noah  with  their  wives,  with  various  animals. 


30  TRANSLATIONS   AND   REPRINTS. 

Parchment-makers   and   Book-binders. — Abraham    sacrificing 

his  son  Isaac  on  the  altar. 
Hosiers. — Moses   lifting   up   the   serpent   in   the   wilderness,    King 

Pharaoh,  eight  Jews  looking  on  and  wondering. 
Spicers. — A  doctor  declaring  the  sayings  of  the  prophets  concerning 

the  future  birth  of  Christ.     Mary,  the  angel  saluting  her;  Mary 

saluting  Elizabeth. 
Pew^terers  and   Founders. — Mary,  Joseph  wishing  to  send  her 

away,  the  angel  telling  them  to  go  over  to  Bethlehem. 
Tilers. — Mary,  Joseph,  a  nurse,  the  child  born  and  lying  in  a  manger 

between  an  ox  and  an  ass,  and  an  angel  speaking  to  the  shepherds, 

and  to  the  players  in  the  next  pageant. 
Chandlers. — Shepherds  speaking  to  one  another,  the  star  in  the  East 

an  angel  announcing  to  the  shepherds  their  great  joy  in   the  child 

which  has  been  born. 
Goldsmiths,  Goldbeaters  and  Moneyers. — Three  kings  coming 

from  the  East,  Herod  questioning  them  about  the  child  Jesus,  and 

the  son  of  Herod  and  two  counsellors  and  a  herald.     Mary  with 

the  child,  and  the  star  above,  and  three  kings  offering  gifts. 
(Formerly)  The  House  of  St.  Leonard,   (now)  Masons. — 

Mary,  with  the  boy,   Joseph,  Anna,   the  nurse,  with  the  young 

doves.     Simeon  receiving  the  boy  into  his  arms,  and  the  two  sons 

of  Simeon. 
Marshalls. — Mary  with  the  boy  and  Joseph  fleeing  into  Egypt,  at  the 

bidding  of  the  angel. 
Girdlers,    Nailers,    and    Sawyers. — Herod    ordering   the   male 

children  to  be  slain,  four  soldiers  with  lances,  two  counsellors  of  the 

king,  and  four  women  weeping  for  the  death  of  their  sons. 
Spurriers  and  Lorimers. — Doctors,  the  boy  Jesus  sitting  in  the 

temple  in  the  midst  of  them,  asking  them  questions  and  replying 

to  them,  four  Jews,  Mary  and  Joseph  seeking  him,   and  finding 

him  in  the  temple. 
Barbers. — Jesus,  John  the  Baptist  baptizing  him,  and  two  angels 

attending. 
Vinters. — Jesus,  Mary,  bridegroom  with  the  bride,  ruler  of  the  feast 

with  his  slaves,  with  six  vessels  of  water  in  which  the  water  is 

turned  into  wine. 
Smiths. — Jesus  on  a  pinnacle  of  the  temple,  and  the  devil  tempting 

him  with  stones,  and  two  angels  attending,  etc. 


ORDER  OF  THE  PAGEANTS  OF  THE  CORPUS  CHRISTI  PLAY.     3T 

Curriers. — Peter,  James,  and  John  ;  Jesus  ascending  into  a  mountain 
and  transfiguring  himself  before  them.  Moses  and  Elias  appear- 
ing, and  the  voice  of  one  speaking  in  a  cloud. 

Ironmongers. — Jesus,  and  Simon  the  leper  asking  Jesus  to  eat  with 
him  ;  two  disciples,  Mary  Magdalene  bathing  Jesus  feet  with  her 
tears  and  drying  them  with  her  hair. 

Plumbers  and  Patternmakers. — Jesus,  two  apostles,  the  woman 
taken  in  adultery,  four  Jews  accusing  her. 

Pouchmakers,  Bottlers,  and  Capmakers. — Lazarus  in  the 
sepulchre,  Mary  Magdalene  and  Martha,  and  two  Jews  wondering. 

Spinners  and  Vestmakers. — Jesus  on  an  ass  with  its  colt,  twelve 
apostles  following  Jesus,  six  rich  and  six  poor,  eight  boys  with 
branches  of  palm,  singing  Blessed,  etc.,  and  Zaccheus  climbing  into 
a  sycamore  tree. 

Cutlers,  Bladesmiths,  Sheathers,  Scalers,  Bucklermakers, 
and  Homers. — Pilate,  Caiaphas,  two  soldiers,  three  Jews,  Judas 
selling  Jesus. 

Bakers. — The  passover  lamb,  the  Supper  of  the  Lord,  twelve  apostles, 
Jesus  girded  with  a  towel,  washing  their  feet,  institution  of  the  sacra- 
ment of  the  body  of  Christ  in  the  new  law,  communion  of  the  apostles. 

Cordwainers. — Pilate,  Caiaphas,  Annas,  fourteen  armed  soldiers, 
Malchus,  Peter,  James,  John,  Jesus,  and  Judas  kissing  and 
betraying  him. 

Bowyers  and  Fletchers. — Jesus,  Annas,  Caiaphas,  and  four  Jews 
beating  and  scourging  Jesus.  Peter,  the  woman  accusing  Peter, 
and  Malchus. 

Tapestrymakers  and  Couchers. — Jesus,  Pilate,  Annas,  Caiaphas, 
two  counsellors  and  four  Jews  accusing  Jesus. 

Lfittesters. — Herod,  two  counsellors,  four  soldiers,  Jesus,  and  three  Jews. 

Cooks  and  Watercarriers. — Pilate,  Annas,  Caiaphas,  two  Jews, 
and  Judas  bringing  back  to  them  the  thirty  pieces  of  silver. 

Tilemakers,  Millers,  Furriers,  Hayresters,  Bowlers. — Jesus, 
Pilate,  Caiaphas,  Annas,  six  soldiers  holding  spears  with  banners, 
and  four  others  leading  Jesus  away  from  Herod,  asking  to  have 
Barabbas  released  and  Jesus  crucified,  and  likewise  binding  and 
scourging  him,  and  placing  the  crown  of  thorns  upon  his  head ; 
three  soldiers  casting  lots  for  the  clothing  of  Jesus. 

Shearmen. — Jesus,  stained  with  blood,  bearing  the  cross  to  Calvary. 
Simon  of  Cyrene,  the  Jews  compelling  him  to  carry  the  cross ; 


32  TRANSLATIONS    AND    REPRINTS. 

Mary  the  mother  of  Jesus ;  John  the  apostle  then  announcing  the  con- 
demnation and  passage  of  her  son  to  Calvary.  Veronica  wiping 
the  blood  and  sweat  from  the  face  of  Jesus  with  a  veil  on  which  is 
imprinted  the  face  of  Jesus,  and  other  women  mourning  for  Jesus. 

Pinmakers,  Latenmakers,  and  Painters. — The  cross,  Jesus 
stretched  upon  it  on  the  ground ;  four  Jews  scourging  Him  and 
binding  Him  with  ropes,  and  afterwards  lifting  the  cross,  and  the 
body  of  Jesus  nailed  to  the  cross  on  Mount  Calvary. 

Butchers  and  Poultry  Dealers. — The  cross,  two  thieves  crucified, 
Jesus  hanging  on  the  cross  between  them,  Mary  the  mother  of  Jesus, 
John,  Mary,  James,  and  Salome.  A  soldier  with  a  lance,  a  servant 
with  a  sponge,  Pilate,  Annas,  Caiaphas,  the  centurion,  Joseph  of 
Arimathea  and  Nicodemus,  placing  Him  in  the  sepulchre. 

Saddlers,  Glaziers  and  Joiners. — Jesus  conquering  hell;  twelve 
spirits,  six  good,  and  six  evil. 

Carpenters. — Jesus  rising  from  the  sepulchre,  four  armed  soldiers,  and 
the  three  Marys  mourning.  Pilate,  Caiaphas,  and  Annas.  A  young 
man  seated  at  the  sepulchre  clothed  in  white,  speaking  to  the  women. 

Winedraw^ers. — Jesus,  Mary  Magdalene  with  aromatic  spices. 

Brokers  and  Woolpackers. — Jesus,  Luke,  and  Cleophas  in  the 
guise  of  travelers. 

Scriveners,  Illuminators,  Pardoners  and  Dubbers. — Jesus, 
Peter,  John,  James,  Philip,  and  the  other  apostles  with  parts  of  a 
baked  fish,  and  a  honey-comb ;  and  Thomas  the  apostle  touching 
the  wounds  of  Jesus. 

Tailors. — Mary,  John  the  evangelist,  the  eleven  apostles,  two  angels, 
Jesus  ascending  before  them,  and  four  angels  carrying  a  cloud. 

Potters. — Mary,  two  angels,  eleven  apostles,  and  the  Holy  Spirit 
descending  upon  them,  and  four  Jews  wondering. 

Drapers. — Jesus,  Mary,  Gabriel  with  two  angels,  two  virgins  and 
three  Jews  of  Mary's  acquaintance,  eight  apostles,  and  two  devils. 

Lrinen-'weavers. — Four  apostles  carrying  the  bier  of  Mary,  and 
Fergus  hanging  above  the  bier,  with  two  other  Jews  and  an  angel. 

Woolen- weavers. — Mary  ascending  with  a  throng  of  angels,  eight 
apostles,  and  the  apostle  Thomas  preaching  in  the  desert. 

Innkeepers. — Mary,  Jesus  crowning  her,  with  a  throng  of  angels  singing. 

Mercers. — Jesus,  Mary,  the  twelve  apostles,  four  angels  with  trumpets, 
and  four  with  a  crown,  a  lance,  and  two  whips,  four  good  spirits, 
and  four  evil  spirits,  and  six  devils. 


GILD   OF   ST.    KATHARINE.  33 

V.  SOCIAL  OR  NON-INDUSTRIAL  GILDS 

From  very  early  times  organizations  existed  in  the  nature  of  semi-religious 
clubs  or  benefit  societies,  the  membership  being  voluntary  and  quite  unconnected 
with  trade  or  manufacturing  interests  or  responsibilities.  The  characteristic  ten- 
dency of  the  Middle  Ages  to  organization  found  much  of  its  satisfaction  in  these 
small  social  or  religious  gilds,  which  existed  not  only  in  the  larger  towns  but  even 
in  villages.  They  were  moreover  among  the  most  permanent  of  mediaeval  institu- 
tions. We  have  records  of  their  existence  alongside  of  the  "frith-gilds"  of  Anglo- 
Saxon  times  ;  a  great  proportion  of  the  five  hundred  or  more  gilds  which  sent  in 
reports  of  their  ordinances  in  1389  ^  were  of  this  class,  and  many  were  found  among 
the  "corporations,  gilds,  fjaternities,  companies  and  fellowships"  dissolved  in  1547. 


RULES  OF  A  GILD  AT  EXETER,  BEFORE  THE  XL  CENTURY. 
Anglo-Saxon;  Thorpe,  Dtplomatarium  Anglicum,  613,  and  English  ;  Kemble, 
Saxons  in  England,  i.  512,  513. 

This  assembly  was  collected  in  Exeter,  for  the  love  of  God  and  for 
our  soul's  need,  both  in  regard  to  our  life  here,  and  to  the  after  days 
which  we  desire  for  ourselves  by  God's  doom. 

Now  we  have  agreed  that  our  meeting  shall  be  thrice  in  the  twelve 
months  ;  once  at  St.  Michael's  Mass,  secondly  at  St.  Mary's  Mass,  after 
mid-winter,  and  thirdly  at  Allhallow's  Mass  after  Easter  ;  and  let  each 
gild-brother  have  two  sesters  of  malt,  and  each  young  man  one  sester, 
and  a  sceat  of  honey ;  and  let  the  mass-priest  at  each  of  our  meetings 
sing  two  masses,  one  for  our  living  friends,  the  other  for  the  dead ;  and 
let  each  brother  of  common  condition  sing  two  psalters  of  psalms,  one 
for  the  living  and  one  for  the  dead  ;  and  at  the  death  of  a  brother,  each 
man  six  masses  ;  or  six  psalters  of  psalms ;  and  at  a  death  each 
man  five  pence  ;  and  at  a  house-burning  each  man  one  penny.  And  if 
any  one  neglect  the  day,  for  the  first  time  three  masses,  for  the  second 
five,  and  at  the  third  time  let  him  have  no  favor,  unless  his  neglect 
arose  from  sickness  or  his  lord's  need.  And  if  any  one  neglect  his  sub- 
scription at  the  proper  day,  let  him  pay  double.  And  if  any  one  of 
this  brotherhood  misgreet  another,  let  him  make  boot  with  thirty  pence. 
Now  we  pray  for  the  love  of  God  that  every  man  hold  this  meeting 
rightly,  as  we  rightly  have  agreed  upon  it.     Grod  help  us  thereunto. 


^  Many  of  these  are  printed,  and  others  epitomized  in  Toulrrin  Smith's   "En- 
glish Gilds,"  published  by  the  Early  English  Text  Society  in  1870. 


34  TRANSLATIONS   AND   REPRINTS 

REPORT  OF  WARDENS  OF  THE  GILD  OF  ST.   KATHARINE 

AT  NORWICH,  A,  D.  1389. 

English :  Toulmin  Smith,  English  Gilds,  pp.  19-21. 

To  the  most  excellent  prince  and  lord,  our  lord  Richard,  by  the 
grace  of  God,  king  of  England  and  France,  and  to  his  council  in 
his  chancery,  his  humble  lieges,  the  guardians  of  a  certain  fraternity  of 
St.  Katharine  the  virgin  and  martyr,  in  the  church  of  St.  Simon  and 
St.  Jude  in  Norwich,  all  subjection  and  reverence  and  honor.  By  vir- 
tue of  a  certain  proclamation  recently  made  according  to  royal  com- 
mand by  the  sheriff  of  the  county  of  Norfolk  at  Norwich,  we  certify  to 
your  excellency  according  to  the  form  of  the  aforesaid  proclamation, 
that  our  aforesaid  fraternity  was  founded  in  the  year  1307,  by  certain 
parishioners  of  the  said  church,  and  by  others  devoted  to  God,  to  the 
honor  of  the  Holy  Trinity,  and  of  the  blessed  Virgin  Mary,  and  of  St. 
Katharine  the  virgin  and  martyr,  and  of  all  saints,  and  for  keeping  up 
an  increase  of  light  in  the  said  Church ;  under  certain  ordinances 
made  and  issued  with  common  consent  of  the  brothers  and  sisters  of  the 
aforesaid  fraternity.     The  tenor  of  these  ordinances  foil 0 ws  in  these  words. 

In  the  first  place  with  one  assent  it  is  ordained  that  all  the  breth- 
ren and  sisters  of  this  gild  shall  come  together  to  the  parish  church  of 
St.  Simon  and  St.  Jude,  in  Norwich,  on  the  day  of  St.  Katharine,  to  go 
in  the  procession  with  their  candle,  which  is  borne  before  them,  and  to 
hear  the  mass  of  St.  Katharine  in  the  aforesaid  church ;  and  at  that 
mass  every  brother  and  sister  shall  offer  a  half-penny. 

And  also  it  is  ordained  that  what  brother  or  sister  shall  be  absent 
at  the  procession  aforesaid,  or  at  mass,  or  at  offering,  he  shall  pay 
to  the  chattels  of  the  gild  two  pounds  of  wax,  but  they  may  be 
excused  reasonably. 

And  also  it  is  ordained,  that  where  a  brother  or  a  sister  is  dead, 
and  every  brother  and  sister  shall  come  to  dirige  and  to  mass ;  and  at 
the  mass,  each  shall  offer  a  half-penny,  and  give  a  half-penny  to  alms  ; 
and  for  a  mass  to  be  sung  for  the  soul  of  the  dead,  a  penny.  And  at 
the  dirige^  every  brother  and  sister  that  is  lettered  shall  say,  for  the 
soul  of  the  dead,  placebo  and  dirige^  in  the  place  where  they  shall  come 
together ;  and  every  brother  and  sister  that  is  not  lettered  shall  say  for 
the  soul  of  the  dead,  twenty  times,  the  Paternoster y  with  ave  Maria ;  and 
from  the  chattels  of  the  gild  shall  there  be  two  candles  of  wax,  of  six- 
teen pounds  weight,  about  the  body  of  the  dead. 

And  also  it  is  ordained,  that  if  any  brother  or  sister  die  out  of  the 
city  of  Norwich,  within  eight  miles,  six  of  the  brethren  that  have  the 


GILD   OF   ST.    KATHARINE.  35 

chattels  of  the  gild  in  keeping,  shall  go  to  that  brother  or  sister  that  is 
dead ;  and  if  it  be  lawful,  they  shall  carry  it  to  Norwich,  or  else  it  be 
buried  there;  and  if  the  body  be  buried  out  ot  Norwich,  all  the  breth- 
ren and  sisters  shall  be  warned  to  come  to  the  foresaid  church  of  St. 
Simon  and  St.  Jude,  and  there  shall  be  done  for  the  soul  of  the  dead  all 
service,  light  and  offering  as  if  the  body  were  there  present.  And  what 
brother  or  sister  be  absent  at  placebo  and  dirige,  or  at  mass,  he  shall 
pay  two  pounds  of  wax  to  the  chattels  of  the  gild,  unless  he  be  reason- 
ably excused.  And  nevertheless  he  shall  do  for  the  dead  as  it  is  said 
before. 

And  also  it  is  ordained  that,  on  the  morrow  after  the  gild  day  all 
the  brethren  and  sisters  shall  come  to  the  aforesaid  church,  and  there 
sing  a  mass  of  requiem  for  the  souls  of  the  brethren  and  sisters  of  this 
gild,  and  for  all  Christian  souls,  and  each  offer  there  a  farthing.  And 
whoso  is  absent  he  shall  pay  a  pound  of  wax. 

And  also  it  is  ordained  that  if  any  brother  or  sister  fall  into  pov- 
erty, through  adventure  of  the  world,  his  estate  shall  be  helped  by 
every  brother  and  sister  of  the  gild,  with  a  farthing  in  the  week. 

And  also  it  is  ordained  by  common  assent  that  if  there  be  any 
discord  between  brothers  and  sisters,  that  discord  shall  be  first  showed 
to  other  brothers  and  sisters  of  the  gild,  and  by  them  shall  accord  l^e 
made,  if  it  may  be  skillfully.  And  if  they  cannot  be  so  brought  to 
accord,  it  shall  be  lawful  to  them  to  go  to  the  common  law,  without  any 
maintenance.  And  whoso  does  against|  this  ordinance,  he  shall  pay 
two  pounds  of  wax  to  the  light. 

Also  it  is  ordained,  by  common  assent,  that  if  any  brother  of  this 
gild  be  chosen  into  office  and  refuse  it,  he  shall  pay  two  pounds  of  wax 
to  the  light  of  St.  Katharine. 

Also  it  is  ordained,  by  common  assent,  that  the  brethren  and  sistei-s 
of  this  gild,  in  the  worship  of  St.  Katharine,  shall  have  a  livery  of 
hoods  in  suit,  and  eat  together  in  their  gild  day,  at  their  common  cost ; 
and  whoso  fails,  he  shall  pay  two  pounds  of  wax  to  the  light. 

Also  it  is  ordained,  by  common  assent,  that  no  brother  or  sister 
shall  be  received  into  this  gild  but  by  the  alderman  and  twelve  brethren 
of  the  gild. 

And  as  to  the  goods  and  chattels  of  the  said  fraternity,  we  make 
known  to  your  excellency,  likewise,  that  we  the  aforesaid  guardians, 
have  in  our  custody,  for  the  use  of  the  said  fraternity,  twenty  shillings 
of  silver. 


36  TRANSLATIONS   AND   REPRINTS. 

SELECT  BIBLIOGRAPHY. 


Gross,  Charles  :  A  Bibliography  of  British   Municipal   History,  including 
Gilds  and  Parliamentary  Representation,     i  vol.    New  York,  1897. 

This  is  a  remarkably  complete  list  of  all  works  on  the  subjects  indicated 
by  the  title,  accompanied  with  valuable  comments  and  criticism. 

Gross,  Charles :  The  Gild  Merchant.    2  vols.    Oxford,  1890. 
The  standard  work  on  the  subject. 

Ashley,  W.  J. :  English  Economic  History.     2  vols.    New  York,  1892. 

The  second  chapter  of  the  first  volume  gives  an  outline  account  of  the 
mediaeval  towns  and  gilds ;  and  the  first  three  chapters  of  the  second  volume 
present  a  much  more  detailed  and  quite  original  study  of  the  changes  of  the 
fourteenth,  fifteenth  and  sixteenth  centuries. 

Cunningham,  W. :   Growth  of  English   Industry   and   Commerce.    2  vols. 
Cambridge,  1890. 

Scattered  through  these  two  volumes  is  much  valuable  discussion  of  the 
subject,  especially  of  the  craft  gilds. 


Seligman,  E.  R.  A. :  Two  Chapters  on  the  Mediaeval  Gilds.    Publications  of 

the  American  Economic  Association,  Vol.  II,  No.  5.    Baltimore, 
1887. 


Smith,  J.  T. :  English  Gilds.    Publications  of  the  Early  English  Text  So- 
ciety.   London, 1870. 

An  edition  of  the  original  ordinances,  statutes,  and  customs  of  certain 
towns  and  craft  and  religious  gilds,  especially  of  the  fourteenth  century. 

Brentano,  L.  J. :  On  the  History  and  Development  of  Gilds. 

An  introductory  essay  to  the  preceding  publication,  but  subsequently 
published  separately. 


Translations  and  Reprints 

FROM   THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 
Vol.  II.  England  in  the  Time  of  Wycliffe.  No.  5. 


TABLE  OF  CONTENTS. 

PAGB 

I.  The  Black  Death.  i 

1.  Thomas  Walsingham's  Account,            .           .  .2 

2.  Robert  of  Avesbury's  Account,              .            .  .2 

3.  The  King's  Ordinance  Concerning  Laborers,  .       3 

II.  Statutes  of  Provisors  and  Praemunire.  5 

1.  Statute  of  Provisors  of  1352,  25  Ed.   Ill,    Stat.  5, 

c.  22,          .               .             .             .            .  .6 

2.  Statute  of  Praemunire  of  1393,  16  Rich.  II,  c.  5,  .9 

III.  Wycliffe  and  the  Lollards.  9 

1.  Heretical  and  Erroneous  Conclusions,            .  .       9 

2.  Bull  of  Gregory  XI  to  the  University  of  Oxford,  .     11 

3.  Reply  of  Wycliffe  to  his  Summons  by  the  Pope  to 

come  to  Rome,         .            .             .             .  •     ^3 

4.  Statute  of  1 40 1  against  the  Lollards,    .             .  .14 

IV.  The  Peasant  Rebellion.  17 

1.  Law  against  Gatherings  of  Villains,    .            .  •     i? 

2.  Letter  of  John  Ball,        .             .             .            .  .18 

3.  The  King's  Grant  of  Manumission,     .            .  '19 

4.  Withdrawal  of  Manumissions,              .            .  '19 

5.  The  King's  Pardon  for  Violence  of  Lords,      .  .     20 


I.  THE  BLACK  DEATH. 

Contemporary  accounts  of  the  great  pestilence  of  1348-9  are  surprisingly  few. 
Several  of  the  chronicles  close  shortly  before  that  date,  and  others  seem  to  have  been 
suspended  during  the  period  of  confusion  attendant  upon  it.  Its  extent  and  effects 
are,  however,  discoverable  from  a  large  mass  of  ecclesiastical  and  manorial  records, 
and  from  the  appearance  on  the  Statute-book  of  the  Statutes  of  Laborers.  Theldocu- 
ment  (3)  printed  below  is  not  properly  a  law,  but  a  royal  ordinance,  issued  apparently 
in  the  summer  of  1349,  while  the  plague  was  still  raging.  It  was  transformed  into  a 
law,  with  closer  definition  of  the  rate  of  wages,  at  the  first  subsequent  meeting  of 
Parliament,  in  135 1  ;  (25  Ed.  iii.  Stat.  2.)  This  law  was  frequently  reenacted  in 
various  forms  until  it  came  to  be  embraced  in  the  great  Statute  of  Apprentices ; 


2  TRANSLATIONS    AND    REPRINTS. 

(5  Eliz.  c.  4.)  There  are  some  inconsistencies  in  the  address  of  the  document,  as  it 
has  been  preserved,  but  in  the  form  here  adopted  it  seems  to  have  been  issued  to 
all  the  sheriffs  and  the  officials  of  large  towns,  with  instructions  for  its  immediate 
proclamation. 

I.  walsingham's  account. 

Historia  Anglicana,  I,  273,  Rolls  Series.    Latin. 

In  the  year  of  grace  1349,  which  was  the  tweuty-third  year  of 
king  Edward,  the  third  since  the  Conquest,  a  gfeat  mortality  of  man- 
kind advanced  over  the  world  ;  beginning  in  the  regions  of  the  north 
and  east,  and  ending  with  so  great  a  destruction  that  scarcely  half  of 
the  people  remained.  Then  towns  once  full  of  men  became  destitute  of 
inhabitants ;  and  so  violently  did  the  pestilence  increase  that  the  living 
were  scarce  able  to  bury  the  dead.  Indeed,  in  certain  houses  of  men  of 
religion,  scarcely  two  out  of  twenty  men  survived.  It  was  estimated  by 
many  that  hardly  a  tenth  part  of  mankind  had  been  left  alive.  A  mur- 
rain among  animals  followed  immediately  upon  this  pestilence  ;  then  rents 
ceased  ;  then  the  land,  because  of  the  lack  of  tenants,  who  where  nowhere 
to  be  found,  remained  uncultivated.  So  great  misery  followed  from  these 
evils  that  the  world  was  never  afterward  able  to  return  to  its  former  state. 


2.    ROBERT   OF    AVESBURY's    ACCOUNT. 

Chronicle,  A.  D.  1348-9,  pp.  406,  407,  Rolls  Series.     Latin. 

The  pestilence  which  had  first  broken  out  in  the  land  occupied  by 
the  Saracens  became  so  much  stronger  that,  sparing  no  dominion,  it  visited 
with  the  scourge  of  sudden  death  the  various  parts  of  all  the  kingdoms, 
extending  from  that  land  to  the  northward,  including  even  Scotland,  des- 
troying the  greater  part  of  the  people.  For  it  began  in  England  in 
Dorsetshire,  about  the  feast  of  St.  Peter,  called  ad  mnc^ila,  in  the  year 
of  the  Lord  1348,  and  immediately  advancing  from  place  to  place  it 
attacked  men  without  warning  and  for  the  most  part  those  who  were 
healthy.  Very  many  of  those  who  were  attacked  in  the  morning  it  car- 
ried out  of  human  affaire  before  noon.  And  no  one  whom  it  willed  to 
die  did  it  permit  to  live  longer  than  three  or  four  days.  There  was 
moreover  no  choice  of  persons,  with  the  exception,  at  least,  of  a  few  rich 
people.  In  the  same  day  twenty,  forty  or  sixty  corpses,  and  indeed  many 
times  as  many  more  bodies  of  those  who  had  died,  were  delivered  to 
church  burial  in  the  same  pit  at  the  same  time.     And   about  the  feast 


THE    KING  S    PROCLAMATION    CONCERNING    LABORERS.  3 

of  All  Saints,  reaching  London,  it  deprived  many  of  their  life  daily,  and 
increased  to  so  great  an  extent  that  from  the  feast  of  the  Purification  till 
after  Easter  there  were  more  than  two  hundred  bodies  of  those  who  had 
died  buried  daily  in  the  cemetery  which  had  been  then  recently  made 
near  Smithfield,  besides  the  bodies  which  were  in  other  graveyards  of 
the  same  city.  The  grace  of  the  Holy  Spirit  finally  intervening,  that 
is  to  say  about  the  feast  of  Whitsunday,  it  ceased  at  London,  proceed- 
ing continuously  northward.  In  these  parts  also  it  ceased  about  the 
feast  of  St.  Michael,  in  the  year  of  the  Lord  1349. 

3.    THE    king's   PROCLAMATION    CONCERNING    LABORERS. 
Statutes  of  the  Realm,  I,  307,  308.    Latin. 

The  king  to  the  sheriff  of  Kent,  greeting.  Because  a  great  part  of 
the  people,  and  especially  of  workmen  and  servants,  have  lately  died  in 
the  pestilence,  many  seeing  the  necessities  of  masters  and  great  scarcity  of 
servants,  will  not  serve  unless  they  may  receive  excessive  wages,  and 
others  preferring  to  beg  in  idleness  rather  than  by  labor  to  get  their 
living ;  we,  considering  the  grievous  incommodities  which  of  the  lack 
especially  of  ploughmen  and  such  laborers  may  hereafter  come,  have 
upon  deliberation  and  treaty  with  the  prelates  and  the  nobles  and 
learned  men  assisting  us,  with  their  unanimous  counsel  ordained : 

That  every  man  and  woman  of  our  realm  of  England,  of  what  con- 
dition he  be,  free  or  bond,  able  in  body,  and  within  the  age  of  sixty  years, 
not  living  in  merchandize,  nor  exercising  any  craft,  nor  having  of  his 
own  whereof  he  may  live,  nor  land  of  his  own  about  whose  tillage  he 
may  occupy  himself,  and  not  serving  any  other ;  if  he  be  required  to 
serve  in  suitable  service,  his  estate  considered,  he  shall  be  bound  to  serve 
bim  which  shall  so  require  him  ;  and  take  only  the  wages,  livery,  meed, 
or  salary  which  were  accustomed  to  be  given  in  the  places  where  he 
oweth  to  serve,  the  twentieth  year  of  our  reign  of  England,  or  five  or  six 
other  common  years  next  before.  Provided  always,  that  the  lords  be 
preferred  before  others  in  their  bondmen  or  their  land  tenants,  so  in 
their  service  to  be  retained ;  so  that,  nevertheless,  the  said  lords  shall 
retain  no  more  than  be  necessary  for  them.  And  if  any  such  man  or 
woman  being  so  required  to  serve  will  not  do  the  same,  and  that  be 
proved  by  two  true  men  before  the  sheriff,  bailiff,  lord,  or  constable  of  the 
town  where  the  same  shall  happen  to  be  done,  he  shall  immediately  be 
taken  by  them  or  any  of  them,  and  committed  to  the  next  gaol,  there  to 


4  TRANSLATIONS    AND    REPRINTS 

remain  under  strait  keeping,  till  he  find  surety  to  serve  in  the  form  aforc-said 

If  any  reaper,  mower,  other  workman  or  servant,  of  wliat  estate 
or  condition  he  be,  retained  in  any  man's  service,  do  depart  from 
the  said  service  without  reasonable  cause  or  license,  belbre  the  term 
agreed,  he  shall  have  pain  of  imprisonment ;  and  no  one,  under  the  same 
penalty,  shall  presume  to  receive  or  retain  such  a  one  in  his  service. 

No  one,  moreover,  shall  pay  or  promise  to  pay  to  any  one  more 
wages,  liveries,  meed,  or  salary  than  was  accustomed,  as  is  before  said  ; 
nor  shall  any  one  in  any  other  manner  demand  or  receive  them,  u\)Ou 
painofdoublingof  that  which  shall  have  been  so  paid,  promised,  required 
or  received,  to  him  who  thereof  shall  feel  hmself  aggrieved  ;  and  if  none 
such  will  sue,  then  the  same  shall  be  applied  to  any  of  the  people  that 
will  sue ;  and  such  suit  shall  be  in  the  court  of  the  lord  of  the  place 
where  such  case  shall  happen. 

And  if  lords  of  tow^ns  or  manors  presume  in  any  point  to  come 
against  this  present  ordinance,  either  by  them  or  by  their  servants,  then 
suit  shall  be  made  against  them  in  the  form  aforesaid,  in  the  counties, 
wapentakes,  and  trithings,  or  such  other  courts  of  ours,  for  the  penalty 
of  treble  that  so  paid  or  promised  by  them  or  their  servants.  And  if 
any  before  this  present  ordinance  hath  covenanted  with  any  so  to  serve 
for  more  wages,  he  shall  not  be  bound,  by  reason  of  the  said  covenant, 
to  pay  more  than  at  another  time  was  wont  to  be  paid  to  such  a  i)erson ; 
nor,  under  the  same  penalty,  shall  presume  to  pay  more. 

Itein.  Saddlers,  skinners,  white  tawyers,  cordwainers,  tailors,  smiths, 
carpenters,  masons,  tilers,  shipwrights,  carters,  and  all  other  artificers 
and  workmen,  shall  not  take  for  their  labor  and  workmanship  above 
the  same  that  was  wont  to  be  paid  to  such  persons  the  said  twentieth 
year,  and  other  common  years  next  preceding,  as  before  is  said,  in  the 
place  where  they  shall  happen  to  work ;  and  if  any  man  take  more  he 
shall  be  committed  to  the  next  gaol,  in  manner  as  before  is  said. 

Item.  That  butchers,  fishmongers,  hostelers,  brewers,  bakers,  poul- 
terers, and  all  other  sellers  of  all  manner  of  victuals,  shall  ])e  bound  to 
sell  the  same  victuals  for  a  reasonable  price,  having  respect  to  the  price 
that  such  victuals  be  sold  at  in  the  places  adjoining,  so  that  the  san)e 
sellers  have  moderate  gains,  and  not  excessive,  reasonably  to  be  required 
according  to  the  distance  of  the  place  from  which  the  said  victuals  be 
carried  ;  and  if  any  sell  such  victuals  in  any  other  manner,  and  thereof  be 
convicted,  in  the  manner  and  form  aforesaid,  he  shall  pay  the  double  of 
the  same  that  he  so  received  to  the  party  injured,  or  in  default  of  Iiim, 


STATUTES   OF    PROVISORS    AND    PRAEMUNIRE.  5 

to  any  other  that  will  sue  in  this  behalf.  And  the  mayors  and  bailiffs 
of  cities,  boroughs,  merchant  towns,  and  others,  and  of  the  ports  and 
maritime  places,  shall  have  power  to  inquire  of  all  and  singular,  which 
shall  in  any  tiling  offend  against  this,  and  to  levy  the  said  penalty  to 
the  use  of  them  at  whose  suit  such  offenders  shall  be  convicted.  And 
in  case  the  same  mayoi-s  and  bailiffs  be  negligent  in  doing  execution 
of  the  premises,  and  thereof  be  convicted  before  our  justices,  by  us  to  be 
assigned,  then  the  same  mayors  and  bailiffs  shall  be  compelled  by  the 
same  justices  to  pay  the  treble  of  the  thing  so  sold  to  the  party  injured, 
or  in  default  of  him,  to  any  other  that  will  sue;  and  nevertheless 
they  shall  be  grievously  punished  on  our  part. 

And  because  many  strong  beggars,  as  long  as  they  may  live 
by  begging,  do  refuse  to  labor,  giving  themselves  to  idleness  and  vice, 
and  sometimes  to  theft  and  other  abominations ;  none  upon  the  said 
pain  of  imprisonment,  shall,  under  the  color  of  pity  or  alms,  give  any- 
thing to  such,  who  are  able  to  labor,  or  presume  to  favor  them  in  their 
idleness,  so  that  thereby  they  may  be  compelled  to  labor  for  their 
necessary  living. 


II.  STATUTES  OF  PROVISORS  AND  PRAEMUNIRE. 

A  consistent  effort  was  made  by  the  Popes,  from  the  latter  part  of  the  thirteenth 
century  to  the  middle  of  the  fifteenth,  to  gain  an  increased  control  over  ecclesiastical 
patronage  in  England.  Not  only  was  the  old  right  of  appointment  in  various  irregu- 
lar cases  extended,  but  the  system  of  papal  reservations  was  developed.  The  Pope 
formally  reserved  to  himself  the  future  appointment  to  certain  benefices  when  they 
should  become  vacant.  In  the  meantime  he  appointed  some  one  to  the  future  va- 
cancy by  giving  him  letters  which  were  made  public  only  when  the  actual  incumbent 
died.  Provision  was  thus  made  for  an  occupant  of  the  benefice,  and,  by  a  curious 
misuse  of  the  termination,  such  persons,  appointed  beforehand  by  the  Pope,  were 
called  ''provisors  of  benefices."  Suits  in  regard  to  such  appointments  seem  to  have 
brought  up  the  question  of  the  limits  of  papal  jurisdiction  in  England,  which  was  the 
subject  of  the  Statutes  of  Praemunire,  as  that  of  patronage  was  the  subject  of  the 
Statutes  of  Provisors.  It  is  not  possible  to  dissociate  entirely  in  the  laws  the 
limitation  of  papal  patronage  and  the  restriction  of  papal  jurisdiction,  the  two  terms 
mentioned  above  being  often  used  almost  interchangeably.  The  Statutes  of  Provisors 
and  of  Pramunire  are  as  follows:  35  Ed.  I;  25  Ed.  Ill,  Stat.  4;  25  Ed.  Ill,  Stat. 
5.  c.  22;  27  Ed.  Ill,  c.  1;  38  Ed.  Ill,  Stat.  2;  3  Rich.  II,  c.  3;  7  Rich.  II,  c.  12; 
12  Rich.  II,  c.  15  ;  and  16  Rich.  II,  c.  5.  The  following  are  given  as  typical.  The 
second  document,  the  Statute  of  Praemunire  of  1393,  was  the  first  to  become  really 
effective. 


6  TRANSLATIONS   AND   REPRINTS. 

I.    STATUTE   OF    PROVISORS    OF    1 35 2. 
25  Ed.  Ill,  Stat.  5,  c.  22.    Statutes  of  the  Realm,  I,  323,  324.     Latin. 

Because  that  some  do  purchase  in  the  court  of  Rome  provisions  to 
have  abbeys  and  priories  in  England,  in  destruction  of  the  realm,  and 
of  holy  religion  ;  it  is  accorded,  that  every  man  that  purchaseth  such 
provisions  of  abbeys  or  priories,  that  he  and  his  executors  and  procura- 
tors which  do  sue  and  make  execution  of  such  provisions,  shall  be  out 
of  the  king's  protection ;  and  that  a  man  may  do  with  them  as  of 
enemies  of  our  sovereign  lord  the  king  and  his  realm  ;  and  he  that 
offendeth  against  such  provisors  in  body  or  in  goods,  or  in  other  posses- 
sions, shall  be  excused  against  all  people,  and  shall  never  be  impeached 
nor  grieved  for  the  same  at  any  man's  suit. 


2.    STATUTE   OF    PR^MUNIRE    OF    1 393. 
16  Rich.  II,  c.  5,  Statutes  of  the  Realm,  II,  84.     Latin. 

Whereas,  the  Commons  of  the  realm  in  this  present  Parliament 
have  showed  to  our  redoubted  lord  the  king,  grievously  complaining, 
that  whereas  the  said  our  lord  the  king  and  all  his  liege  people  ought 
of  right  and  of  old  time  were  wont  to  sue  in  the  king's  court,  to  recover 
their  presentments  to  churches,  prebends,  and  other  benefices  of  holy 
church  to  the  which  they  had  right  to  present,  the  cognisance  of  plea 
of  which  suit  belongeth  only  to  the  king's  court  of  the  old  right  of  his 
crown,  used  and  approved  in  the  time  of  all  his  progenitors,  kings  of 
England  ;  and  when  judgment  shall  be  given  in  the  same  court  upon 
such  a  plea  and  suit,  the  archbishops,  bishops,  and  other  spiritual 
persons  which  have  institution  of  such  benefices  within  their  jurisdiction 
be  bound,  and  have  made  execution  of  such  judgments  by  the  king's 
commandments,  for  all  the  time  aforesaid  without  interruption,  (for 
another,  a  lay  person,  is  not  able  to  make  such  execution),  and  also  be 
bound  of  right  to  make  execution  of  many  other  of  the  king's  command- 
ments, of  which  right  the  crown  of  England  hath  been  peaceably  seized, 
as  well  in  the  time  of  our  said  lord  the  king  that  now  is,  as  in  the  time 
of  all  his  progenitors  till  this  day. 

But  now  of  late  divei*s  processes  be  made  by  the  holy  father  the 
Pope,  and  censures  of  excommunication  upon  certain  bishops  of  England, 
because  they  had  made  execution  of  such  commandments,  to  the  open 
disherison  of  the  same  crown  and  destruction  of  the  regalty  of  our  said 


STATUTES    PR^.MUNIRE    OF    1 393.  7 

lord  the  king,  his  law,  and  all  his  realm,  if  remedy  be  not  provided. 
And  also  it  is  said  and  a  common  clamor  is  made  that  the  said  holy 
father,  the  Pope,  hath  ordained  and  purposed  to  translate  some  prelates 
of  the  same  realm,  some  out  of  the  realm,  and  some  from  one  bishopric 
into  another  within .  the  same  realm,  without  the  king's  assent  and 
knowledge,  and  without  the  assent  of  the  prelates  which  are  to  be  so 
translated,  wliich  prelates  be  much  profitable  and  necessary  to  our  said 
lord  the  king,  and  to  all  his  realm  ;  by  which  translations,  if  they  should 
be  suffered,  the  statutes  of  the  realm  should  be  defeated  and  made  void  ; 
and  his  said  liege  sages  of  his  council,  without  his  assent  and  against 
his  will  carried  away  and  gotten  out  of  his  realm  and  the  substance  and 
treasure  of  the  realm  should  be  carried  away,  and  so  the  realm  destitute 
as  well  of  council  as  of  substance,  to  the  final  destruction  of  the  same 
realm.  So  the  crown  of  England  which  hath  been  so  free  at  all  times 
that  it  hath  had  no  earthly  sovereign,  but  is  immediately  subject  to  God 
in  all  things  touching  the  regalty  of  the  same  crown,  and  to  none  other, 
would  be  submitted  to  the  Pope,  and  the  laws  and  statutes  of  the  realm 
by  him  defeated  and  avoided  at  his  will,  in  perpetual  destruction  of  the 
sovereignty  of  the  king  our  lord,  his  crown,  his  regalty,  and  of  all  his 
realm,  which  God  forbid. 

And  moreover,  the  Commons  aforesaid  say,  that  the  things  so 
attempted  be  clearly  against  the  king's  crown  and  his  regalty,  used  and 
approved  in  the  time  of  all  his  progenitors;  wherefore,  they  and  all  the 
liege  commons  of  the  same  realm  will  stand  with  our  said  lord  the  king. 
and  his  said  crown  and  his  regalty,  in  the  cases  aforesaid,  and  in  all 
other  cases  attempted  against  him  his  crown  and  his  regalty  in  all 
points,  to  live  and  to  die;  and  moreover,  they  pray  the  king  and  require 
him,  by  way  of  justice,  that  he  would  examine  all  the  lords  in  the 
Parliament,  as  well  spiritual  as  temporal  severally,  and  all  the  estates 
of  the  Parliament,  how  they  think  of  the  cases  aforesaid,  which  be  so 
openly  against  the  king's  crown,  and  in  derogation  of  his  regalty,  and 
bow  they  will  stand  in  the  same  cases  with  our  lord  the  king  in  uphold- 
ing the  rights  of  the  said  crown  and  regalty. 

Wherefore,  the  lords  temporal  so  demanded  have  answered  everyone 
by  himself,  that  the  cases  aforesaid  be  clearly  in  derogation  of  the  king's 
crown  and  of  his  regalty,  as  is  well  known,  and  hath  been  of  a  longtime 
known,  and  that  they  will  be  with  the  same  crown  and  regalty,  in 
these  cases  sjxicially,  and  in  all  other  cases  which  shall  be  attempted 
against  the  same  crown  and  regalty  in  all   points,  with  all  their  power. 


8  TRANSLATIONS    AND    REPRINTS. 

And,  moreover,  there  was  demanded  of  the  lords  spiritual  being 
there  and  the  procurators  of  others,  being  absent,  their  advice  and  will  in 
all  these  cases ;  which  lords,  that  is  to  say,  the  archbishops,  bishops,  and 
other  prelates,  being  in  the  said  Parliament  severally  examined,  (making 
protestations  that  it  is  not  their  intention  to  say  nor  to  affirm  that  our 
holy  father  the  Pope  may  not  excommunicate  bishops  and  that  he 
may  not  make  translations  of  prelates  according  to  the  law  of  holy 
church ;)  answered  and  said,  that  if  any  executions  of  processes  made 
in  the  king's  court,  as  before,  be  made  by  any,  and  censures  of  excom- 
munications be  made  against  any  bishops  of  England,  or  any  other  of 
the  king's  liege  people,  for  that  they  have  made  execution  of  such 
commandments,  and  that  if  any  executions  of  such  translations  be 
made  of  any  prelates  of  the  same  realm,  which  lords  be  very  profitable 
and  necessary  to  our  said  lord  the  king,  and  to  his  said  realm,  or  that 
his  sage  lieges  of  his  council,  without  his  assent  and  against  his  will,  be 
removed  and  carried  out  of  the  realm,  so  that  the  substance  and  treas- 
ure of  the  realm  may  be  consumed,  that  the  same  is  against  the  king 
and  his  crown,  as  is  contained  in  the  petition  before  named.  And  like- 
wise the  same  procurators,  every  one  by  himself  examined  upon  the 
said  matters,  have  answered  and  said,  in  the  name  and  for  their  lords, 
as  the  said  bishops  have  said  and  answered  ;  and  that  the  said  lords 
spiritual  will  and  ought  to  stand  with  the  king  in  these  cases  loyally  in 
maintenance  of  his  crown,  and  in  all  other  cases  touching  his  crown 
and  regalty,  as  they  are  bound  by  their  allegiance. 

Whereupon,  our  said  lord  the  king,  by  the  assent  aforesaid,  and  at 
the  request  of  his  said  Commons,  hath  ordained  and  established ;  that 
if  anyone  purchases  or  pursues  or  causes  to  be  purchased  or  pursued  in 
the  court  of  Rome  or  elsewhere  any  such  translations,  processes,  and 
sentences  of  excommunications,  bills,  instruments,  or  any  other  thing 
whatsoever  which  touches  the  king  our  lord,  against  him,  his  crown 
and  regalty,  or  his  realm,  as  before  is  said,  and  those  who  bring  them 
within  the  realm,  or  receive  them,  or  make  thereof  notification,  or  any 
other  execution  whatsoever,  within  the  same  realm  or  without ;  that 
they,  their  notaries,  procurators,  maintainers,  abettors,  favorers,  and 
counsellors,  shall  be  put  out  of  the  protection  of  our  said  lord  the  king, 
and  their  lands  and  tenements,  goods  and  chattels,  shall  be  forfeited  to 
our  lord  the  king ;  and  that  they  shall  be  attached  by  their  bodies,  if 
they  may  be  found,  and  brought  before  the  king  and  his  council,  there 
to  answer  to  the  cases  aforesaid,  or  that  process  be  made  against  them 


wycliffe's  conclusions.  9 

by  pramimire  facias,  in  manner  as  it  is  ordained   in   other  statutes  of 

provisors  and  others  who  sue  in   the  court  of  another,   in  derogation 
of  the  regalty  of  our  lord  the  king. 


III.  WYCLIFFE  AND  THE  LOLLARDS. 

Of  the  three  forms  of  the  movement  for  church  reform  in  the  last  half  of  the 
fourteenth  century,  the  attack  on  the  unworthy  lives  of  the  clergy,  the  introduction  of 
new  doctrine,  and  the  propaganda  for  a  more  devout  life  among  the  laity  through  the 
institution  of  the  "poor  priests,"  and  the  translation  of  the  Bible  ;  the  last  two  only 
are  here  represented.  The  teachings  of  Wycliffe  were  certainly  in  conflict  with  much 
of  the  teaching  and  with  more  of  the  practice  of  the  catholic  church.  If  the  doc- 
trines here  attributed  to  him  were  not  exactly  his,  as  he  claimed,  yet  their  general 
conformity  to  his  views  is  unquestionable.  The  statute  of  1401,  usually  described  as 
^^de  /lerelico  cumdurendo,"  was  an  amplification  of  a  statute  against  unauthorized 
preachers,  passed  in  1382.  It  gave  the  first  statute  authority  for  the  infliction  of 
the  death  penalty  for  heresy,  though  heretics  had  been  burned  before  this  under 
the  common  law. 


I.    WYCLIFFITE    CONCLUSIONS,    TEN    CONDEMNED    AS     HERETICAL    AND 
FOURTEEN    AS    ERRONEOUS. 

Fasciculi  Zizaniorum,  pp.  277-282.      Rolls  Series.     Latin. 

I. — That  the  material  substance  of  bread  and  of  wine  remains, 
after  the  consecration,  in  the  sacrament  of  the  altar. 

II. — That  the  accidents  do  not  remain  without  the  subject,  after 
the  consecration,  in  the  same  sacrament. 

III. — That  Christ  is  not  in  the  sacrament  of  the  altar  identically, 
truly  and  really  in  his  proper  corporal  presence. 

IV. — That  if  a  bishop  or  priest  lives  in  mortal  sin  he  does  not  or- 
dain, or  consecrate,  or  baptize. 

V. — That  if  a  man  has  been  truly  repentant,  all  external  confes- 
sion is  superfluous  to  him,  or  useless. 

VI. — Continually  to  assert  that  it  is  not  founded  in  the  gospel  that 
Christ  instituted  the  mass. 

VII. — That  God  ought  to  be  obedient  to  the  devil. 

VIII. — That  if  the  pope  is  foreordained  to  destruction  and  a 
wicked  man,  and  therefore  a  member  of  the  devil,  no  power  has  been 
given  to  liim  over  the  faithful  of  Christ  by  any  one,  unless  perhaps  by 
the  Emperor. 


lO  TRANSLATIONS   AND   REPRINTS. 

IX. — That  since  Urban  the  Sixth,  no  one  is  to  be  acknowledged  as 
pope;  but  all  are  to  live,  in  the  way  of  the  Greeks,  under  their  own  laws. 

X. — To  assert  that  it  is  against  sacred  scripture  that  men  of  the 
church  should  have  temporal  possessions. 

XI. — That  no  prelate  ought  to  excommunicate  any  one  unless  he 
first  knows  that  the  man  is  excommunicated  by  God. 

XII. — That  a  person  thus  excommunicating  is  thereby  a  heretic  or 
excommunicate. 

XIII. — That  a  prelate  excommunicating  a  clerk  who  has  appealed 
to  the  king,  or  to  a  council  of  the  kingdom,  on  that  very  account  is  a 
traitor  to  God,  the  king  and  the  kingdom. 

XIV. — That  those  who  neglect  to  preach,  or  to  hear  the  word  of 
God,  or  the  gospel  that  is  preached,  because  of  the  excommunication  of 
men,  are  excommunicate,  and  in  the  day  of  judgment  will  be  considered 
as  traitoi*s  to  God. 

XV. — To  assert  that  it  is  allowed  to  any  one,  whether  a  deacon  or 
a  priest,  to  preach  the  word  of  God,  without  the  authority  of  the  apos- 
tolic see,  or  of  a  catholic  bishop,  or  some  other  which  is  sufficiently 
acknowledged. 

XVI. — To  assert  that  no  one  is  a  civil  lord,  no  one  is  a  bishop,  no 
one  is  a  prelate,  so  long  as  he  is  in  mortal  sin. 

XVII. — That  temporal  lords  may,  at  their  own  judgment,  take 
away  temporal  goods  from  churchmen  who  are  habitually  delinquent ; 
or  that  the  people  may,  at  their  own  judgment,  correct  delinquent  lords. 

XVIII. — That  tithes  are  purely  charity,  and  that  parishioners  may, 
on  account  of  the  sins  of  their  curates,  detain  these  and  confer  them  on 
others  at  their  will. 

XIX. — That  special  prayers  applied  to  one  person  by  prelates  or 
religious  persons,  are  of  no  more  value  to  the  same  person  than  general 
prayers  for  others  in  a  like  positien  are  to  him. 

XX. — That  the  very  fact  that  any  one  enters  upon  any  private 
religion  whatever,  renders  him  more  unfitted  and  more  incapable  of  ob- 
serving the  commandments  of  God. 

XXI. — That  saints  who  have  instituted  any  private  religions  what- 
ever, as  well  of  those  having  possessions  as  of  mendicants,  have  sinned 
in  thus  instituting  them. 

XXII. — That  religious  persons  living  in  private  religions  are  not 
of  the  Christian  religion. 


BULL   OF    POPE   GREGORY    XI,    AGAINST    WYCLIFFE.  II 

XXIII. — That  friars  should  be  required  to  gain  their  living  by  the 
labor  of  their  hands  and  not  by  mendicancy. 

XXIV. — That  a  person  giving  alms  to  friars,  or  to  a  preaching 
friar,  is  excommunicate ;  also  the  one  receiving. 


2.  BULL  OF  POPE  GREGORY  XL,  AGAINST  JOHN  WYCLIFFE. 

Fasciculi  Zizaniorum  ;  pp.   242-244.     Rolls  Series.     Latin. 

Gregory,  bishop,  servant  of  the  servants  of  God,  to  his  beloved 
sons  the  chancellor  and  University  of  Oxford,  in  the  diocese  of  Lin- 
coln, grace  and  apostolic  benediction. 

We  are  compelled  to  wonder  and  grieve  that  you,  who,  in  consid- 
eration of  the  favoi-s  and  privileges  conceded  to  your  university  of 
Oxford  by  the  apostolic  see,  and  on  account  of  your  familiarity  with 
the  Scriptures,  in  whose  sea  you  navigate,  by  the  gift  of  God,  with 
auspicious  oar,  you,  who  ought  to  be,  as  it  were,  warriors  and  champ- 
ions of  the  orthodox  faith,  without  which  there  is  no  salvation  of  souls, 
— that  you  through  a  certain  sloth  and  neglect  allow  tares  to  spring  up 
amidst  the  pure  wheat  in  the  fields  of  your  glorious  university  afore- 
said ;  and  what  is  still  more  pernicious,  even  continue  to  grow  to  ma- 
turity. And  you  are  quite  careless,  as  has  been  lately  reported  to  us, 
as  to  the  extirpation  of  these  tares ;  with  no  little  clouding  of  a  bright 
name,  danger  to  your  souls,  contempt  of  the  Roman  church,  and  injury 
to  the  faith  above  mentioned.  And  what  pains  us  the  more  is  that 
this  increase  of  the  tares  aforesaid  is  known  in  Rome  before  the  remedy 
of  extirpation  has  been  applied  in  England  where  they  sprang  up. 
By  the  insinuation  of  many,  if  they  are  indeed  worthy  of  belief,  de- 
ploring it  deeply,  it  has  come  to  our  ears  that  John  de  Wycliffe,  rector 
of  the  church  of  Lutterworth,  in  the  diocese  of  Lincoln,  Professor  of 
the  Sacred  Scriptures,  (would  that  he  were  not  also  Master  of  Errors,) 
has  fallen  into  such  a  detestable  madness  that  he  does  not  hesitate  to 
dogmatize  and  publicly  preach,  or  rather  vomit  forth  from  the  recesses 
of  his  breast  certain  propositions  and  conclusions  which  are  erroneous 
and  false.  He  has  cast  himself  also  into  the  depravity  of  preaching 
heretical  dogmas  which  strive  to  subvert  and  weaken  the  state  of  the 
whole  church  and  even   secular   polity,    some   of  which   doctrines,  in 


12  TRANSLATIONS   AND    REPRINTS. 

changed  terms,  it  is  true,  seem  to  express  the  perverse  opinions  and 
unlearned  learning  of  Marsilio  of  Padua  of  curse(^l  memory,  and  of 
John  of  Jandun,  whose  book  is  extant,  rejected  aiid  cursed  by  our 
predecessor.  Pope  John  XXII,  of  happy  memory.  This  he  has  done  in 
the  kingdom  of  England,  lately  glorious  in  it«  power  and  in  the  abun- 
dance of  its  resources,  but  more  glorious  still  in  the  glistening  piety  of 
its  faith,  and  in  the  distinction  of  its  sacred  learning ;  producing  also 
many  men  illustrious  for  their  exact  knowledge  of  the  holy  Scriptures, 
mature  in  the  gravity  of  their  character,  conspicuous  in  devotion,  de- 
fenders of  the  catholic  church.  He  has  polluted  certain  of  the  faith- 
ful of  Christ  by  besprinkling  them  with  these  doctrines,  and  led  them 
away  from  the  right  paths  of  the  aforesaid  faith  to  the  brink  of  perdi- 
tion. 

Wherefore,  since  we  are  not  willing,  nay,  indeed,  ought  not  to  be 
willing,  that  so  deadly  a  pestilence  should  continue  to  exist  with  our 
connivance,  a  pestilence  which,  if  it  is  not  opposed  in  its  beginnings, 
and  torn  out  by  the  roots  in  its  entirety,  will  be  reached  too  late  by 
medicines  when  it  has  infected  very  many  with  its  contagion ;  we  com- 
mand your  university  with  strict  admonition,  by  the  apostolic  authority, 
in  virtue  of  your  sacred  obedience,  and  under  penalty  of  the  depriva- 
tion of  all  the  favors,  indulgences,  and  privileges  granted  to  you  and 
your  university  by  the  said  see,  for  the  future  not  to  permit  to  be 
asserted  or  set  forth  to  any  extent  whatever,  the  opinions,  conclusions, 
and  propositions  which  are  in  variance  with  good  morals  and  faith,  even 
when  those  setting  them  forth  strive  to  defend  them  under  a  certain  fanci- 
ful wresting  of  words  or  of  terms.  Moreover,  you  are  on  our  authority 
to  arrest  the  said  John,  or  cause  him  to  be  arrested  and  to  send  him 
under  a  trustworthy  guard  to  our  venerable  brother,  the  Archbishop  of 
Canterbury,  and  the  Bishop  of  London,  or  to  one  of  them. 

Besides,  if  there  should  be,  which  God  forbid,  in  your  university, 
subject  to  your  jurisdiction,  opponents  stained  with  these  errors,  and  if 
they  should  obstinately  persist  in  them,  proceed  vigorously  and  earnestly 
to  a  similar  arrest  and  removal  of  them,  and  otherwise  as  shall  seem 
good  to  you.  Be  vigilant  to  repair  your  negligence  which  you  have 
hitherto  shown  in  the  premises,  and  so  obtain  our  gratitude  and  favor, 
and  that  of  the  said  see,  besides  the  honor  and  reward  of  the  divine 
recompense. 

Given  at  Rome,  at  Santa  Maria  Maggiore,  on  the  31st  of  May,  the 
sixth  year  of  our  pontificate. 


REPLY    OF    WYCLIFFE   TO   HIS   SUMMONS    BY   THE   POPE.  1 3 

3.    REPLY    OF   WYCLIFFE   TO    HIS   SUMMONS    BY    THE    POPE    TO     COME 

TO    ROME,    1384. 

Arnold's  Select  Eng.  Works  of  Wycliff,  III,  504-6,  English,  modernized  in  spelling. 

I  have  joy  fully  to  tell  what  I  hold,  to  all  true  men  that  believe 
and  especially  to  the  Pope  ;  for  I  suppose  that  if  my  faith  be  rightful  and 
given  of  God,  the  Pope  will  gladly  confirm  it ;  and  if  my  faith  be 
error,  the  Pope  will  wisely  amend  it. 

I  suppose  over  this  that  the  gospel  of  Christ  be  heart  of  the  corps 
of  God's  law  ;  for  I  believe  that  Jesus  Christ,  that  gave  in  his  own 
person  this  gospel,  is  very  God  and  very  man,  and  by  this  heart  passes 
all  other  laws. 

I  suppose  over  this  that  the  Pope  be  most  obliged  to  the  keeping 
of  the  gospel  among  all  men  that  live  here ;  for  the  Pope  is  highest 
vicar  that  Christ  has  here  in  earth.  For  moreness  of  Christ's  vicar  is 
not  measured  by  worldly  moreness,  but  by  this,  that  this  vicar  follows 
more  Christ  by  virtuous  living  ;  for  thus  teacheth  the  gospel,  that  this 
is  the  sentence  of  Christ. 

And  of  this  gospel  I  take  as  believe,  that  Christ  for  time  that  he 
walked  here,  was  most  poor  man  of  all,  both  in  spirit  and  in  having  ; 
for  Christ  says  that  he  had  nought  for  to  rest  his  head  on.  And  Paul 
says  that  he  was  made  needy  for  our  love.  And  more  poor  might  no 
man  be.  neither  bodily  nor  in  spirit.  And  thus  Christ  put  from  him 
all  manner  of  worldly  lordship.  For  the  gospel  of  John  telleth  that 
when  they  would  have  made  Christ  king,  he  fled  and  hid  him  from 
them,  for  he  would  none  such  worldly  highness. 

And  over  this  I  take  it  as  believe,  that  no  man  should  follow  the  Pope, 
nor  no  saint  that  now  is  in  heaven,  but  in  as  much  as  he  follows  Christ. 
For  John  and  James  erred  when  they  coveted  worldly  highness ;  and  Peter 
and  Paul  sinned  also  when  they  denied  and  blasphemed  in  Christ ;  but 
men  should  not  follow  them  in  this,  for  then  they  went  from  Jesus  Christ. 
And  this  I  take  as  wholesome  counsel,  that  the  Pope  leave  his  worldly 
lordship  to  worldly  lords,  as  Christ  gave  them, — and  move  speedily  all 
his  clerks  to  do  so.  For  thus  did  Christ,  and  taught  thus  his  disciples, 
till  the  fiend  had  blinded  this  world.  And  it  seems  to  some  men  that 
clerks  that  dwell  lastingly  in  this  error  against  God's  law,  and  flee  to 
follows  Christ  in  this,  been  open  heretics,  and  their  iautors  been  partners. 

And  if  I  err  in  this  sentence,  I  will  meekly  be  amended,  yea,  by 
the  death,  if  it  be  skilful,  for  that  I  hope  were  good  to  me.     And  if  I 


14  TRANSLATIONS    AND    REPRINTS. 

might  travel  in  mine  own  person,  I  would  with  good  will  go  to  the  Pope 
But  God  has  needed  me  to  the  contrary,  and  taught  rne  more  obedience 
to  God  than  to  men.  And  I  suppose  of  our  Pojie  that  he  will  not  he 
Antichrist,  and  reverse  Christ  in  this  working,  to  the  contrary  of  Christ's 
will ;  for  if  he  summon  against  reason,  by  him  or  by  any  of  his,  and 
pursue  this  unskilful  summoning,  he  is  an  open  Antichrist.  And  merci- 
ful intent  excused  not  Peter,  that  Christ  should  not  clepe  him  Satan  ;  so 
blind  intent  and  wicked  counsel  excuses  not  the  Pope  here  ;  but  if  he 
ask  of  true  priests  that  they  travel  more  than  they  may,  he  is  not  ex- 
cused by  reason  of  God,  that  he  should  not  be  Antichrist.  For  our  be- 
lief teaches  us  that  our  blessed  God  suffers  us  not  to  be  tempted  more 
than  we  may  ;  how  should  a  man  ask  such  service  ?  And  therefore  pray 
we  to  God  for  our  pope  Urban  the  sixth,  that  his  old  holy  intent  be  not 
quenched  by  his  enemies.  And  Christ,  that  may  not  lie,  says  that  the 
enemies  of  a  man  been  especially  his  home  family  ;  and  this  is  sooth  of 
men  and  fiends. 

4.    LAW    AGAINST    THE    LOLLARDS. 
2  Henry  IV.,  c.  15,  Statutes  of  the  Realm,  II,  125-128.     Latin. 

Whereas,  it  is  shown  to  our  sovereign  lord  the  king  on  the  behalf 
of  the  prelates  and  clergy  of  his  realm  of  England  in  this  present 
Parliament,  that  although  the  catholic  faith  builded  upon  Christ,  and 
by  his  apostles  and  the  holy  church  sufficiently  determined,  declared 
and  approved,  hath  been  hitherto  by  good  and  holy  and  most  noble 
progenitors  and  predecessors  of  our  sovereign  lord  the  king  in  the  said 
realm  amongst  all  the  realms  of  the  world  most  devoutly  observed,  and 
the  church  of  England  by  his  said  most  noble  progenitors  and  ances- 
tors, to  the  honor  of  God  and  the  whole  realm  aforesaid  laudably  en- 
dow^ed  and  in  her  rights  and  liberties  sustained,  without  that  the  same 
faith  or  the  said  church  was  hurt  or  grievously  oppressed,  or  else 
perturbed  by  any  perverse  doctrine  or  wicked,  heretical,  or  erroneous 
opinions.  Yet,  nevertheless,  divers  false  and  perverse  people  of  a  cer- 
tain new  sect,  of  the  faith  of  the  sacraments  of  the  church,  and  the 
authority  of  the  same  damnably  thinking,  and  against  the  law  of  God 
and  of  the  church  usurping  the  office  of  preaching,  do  perversely  and 
maliciously  in  divers  places  within  the  said  realm,  under  the  color  of 
dissembled  holiness,  preach  and  teach  these  days  openly  and  privily 
divers  new  doctrines,  and  wicked  heretical  and  erroneous  opinions 
contrary  to  the  same   faith   and   blessed    determinations   of  the  holy 


LAW   AGAINST   THE    LOLLARDS.  I5 

church,  and  of  such  sect  and  wicked  doctrine  and  opinions  they  make 
unlawful  conventicles  and  confederacies,  they  hold  and  exercise  schools, 
they  make  and  write  books,  they  do  wickedly  instruct  and  inform  people, 
and  as  much  as  they  may  excite  and  stir  them  to  sedition  and  insurrection, 
and  make  great  strife  and  division  among  the  people,  and  other  enor- 
mities horrible  to  be  heard  daijjr  do  perpetrate  and  commit,  in  subversion 
of  the  said  catholic  faith  and  doctrine  of  the  holy  church,  in  diminution 
of  divine  worship,  and  also  in  destruction  of  the  estate,  rights,  and  liber- 
ties of  the  said  church  of  England  ;  by  which  sect  and  wicked  and  false 
preachings,  doctrines,  and  opinions  of  the  said  false  and  perverse  people, 
not  only  most  greatest  peril  of  the  souls,  but  also  many  more  other  hurts, 
slanders,  and  perils,  which  God  prohibit,  might  come  to  this  realm,  unless 
it  be  the  more  plentifully  and  speedily  holpen  by  the  king's  majesty  in  this 
behalf;  especially  since  the  diocesans  of  the  said  realm  cannot  by  their 
jurisdiction  spiritual,  without  aid  of  the  said  royal  majesty,  sufficiently 
correct  the  said  false  and  perverse  people,  nor  refrain  their  malice,  be- 
cause the  said  false  and  perverse  people  do  go  from  diocese  to  diocese  and 
will  not  appear  before  the  said  diocesans,  but  the  same  diocesans  and  their 
jurisdiction  spiritual,  and  the  keys  of  the  church  with  the  censures  of  the 
same,  do  utterly  condemn  and  despise ;  and  so  their  wicked  preachings  and 
doctrines  do  from  day  to  day  continue  and  exercise  to  the  utter  destruc- 
tion of  all  order  and  rule  of  right  and  reason.  Upon  which  novelties 
and  excesses  above  rehearsed,  the  prelates  and  clergy  aforesaid,  and 
also  the  Commons  of  the  said  realm  being  in  the  same  Parliament,  have 
prayed  our  sovereign  lord  the  king  that  his  royal  highness  would  vouch- 
safe in  the  said  Parliament  to  provide  a  convenient  remedy.  The  same 
our  sovereign  lord  the  king,  graciously  considering  the  premises,  and 
also  the  laudable  steps  of  his  said  most  noble  progenitors  and  ancestors, 
for  the  conservation  of  the  said  catholic  faith  and  sustentation  of  the  said 
divine  worship,  and  also  the  safeguard  of  the  estate,  rights  and  liberties 
of  the  said  church  of  England,  to  the  laud  of  God  and  merit  of  our  said 
sovereign  lord  the  king,  and  prosperity  and  honor  of  all  his  said  realm, 
and  for  the  eschewing  of  such  dissensions,  divisions,  hurts,  slanders,  and 
perils,  in  time  to  come,  and  that  this  wicked  sect,  preachings,  doctrines, 
and  opinions,  should  from  henceforth  cease  and  be  utterly  destroyed ; 
by  the  assent  of  the  great  lords  and  other  noble  persons  of  the  said  realm, 
being  in  the  said  Parliament,  hath  granted,  stablished,  and  ordained, 
from  henceforth  firmly  to  be  observed,  that  none  within  the  said  realm, 
or  any  other  dominions  subject  to  his  royal  majesty,  presume  to  preach 


1 6  TRANSLATIONS    AND    REPRINTS. 

openly  or  privily,  without  the  license  of  the  diocesan  of  the  same  place 
first  required  and  obtained,  curates  in  their  own  churches  and  persons 
hitherto  privileged,  and  other  of  the  canon  law  grant-ed,  only  excepted  ; 
nor  that  none  from  henceforth  anything  preach,  hold,  teach,  or  instruct 
openly  or  privily,  or  make  or  write  any  book  contrary  to  the  catholic 
faith  or  determination  of  the  holy  church,  nor  of  such  sect  and  wicked 
doctrines  and  opinions  shall  make  any  conventicles,  or  in  any  wise  hold 
or  exercise  schools ;  and  also  that  none  from  henceforth  in  any  wise  favor 
such  preacher  or  maker  of  any  such  and  like  conventicles,  or  persons  hold- 
ing or  exercising  schools,  or  making  or  writing  such  books,  or  so  teaching, 
informing,  or  exciting  the  people,  nor  any  of  them  maintain  or  in  any 
wise  sustain,  and  that  all  and  singular  having  such  books  or  any 
writings  of  such  wicked  doctrine  and  opinions,  shall  really  with  effect 
deliver  or  cause  to  be  delivered  all  such  books  and  writings  to  the 
diocesan  of  the  same  place  within  forty  days  from  the  time  of  the 
proclamation  of  this  ordinance  and  statute. 

And  if  any  person  or  persons  of  whatsoever  sex,  estate,  or  condi- 
tion that  he  or  they  be,  from  henceforth  do  or  attempt  against  the  said 
royal  ordinance  and  statute  aforesaid  in  the  premises  or  any  of  them, 
or  such  books  in  the  form  aforesaid  do  not  deliver,  then  the  diocesan  of 
the  same  place  in  his  diocese  such  person  or  persons  in  this  behalf 
defamed  or  evidently  suspected  and  every  of  them  may  by  the 
authority  of  the  said  ordinance  and  statute  cause  to  be  arrested  and 
under  safe  custody  in  his  prison  to  be  detained  till  he  or  they  of  the 
articles  laid  to  him  or  them  in  this  behalf  do  canonically  purge  him  or 
themselves,  or  else  such  wicked  sect,  preachings,  doctrines  and  heretical 
and  erroneous  opinions  do  abjure,  according  as  theiaws  of  the  church 
do  demand  and  require. 

*  >fc  *  He  *  *  * 

And  if  any  person  within  the  said  realm  and  dominions,  upon  the 
said  wicked  preachings,  doctrines,  opinions,  schools,  and  heretical  and 
erroneous  informations,  or  any  of  them  be  before  the  diocesan  of  the 
same  place  or  his  commissaries  convicted  by  sentence,  and  the  same 
wicked  sect,  preachings,  doctrines  and  opinions,  schools  and  informations, 
do  refuse  duly  to  abjure,  or  by  the  diocesan  of  the  same  place  or  his 
commissaries,  after  the  abjuration  made  by  the  same  person  be 
pronounced  relapsed,  so  that  according  to  the  holy  canons  he  ought  to 
be  left  to  the  secular  court,  (upon  which  credence  shall  be  given  to  the 
diocesan  of  the  same  place  or  to  his  commissaries  in  this  behalf),  then  the 


LAW    AGAINST   EXCESSES   OF   THE   VILLAINS.  1 7 

sheriff  of  the  county  of  the  same  place,  and  mayor  and  sheriffs,  or  sheriff, 
or  mayor  and  bailiffs  of  the  city,  town,  and  borough  of  the  same  county 
next  to  the  same  diocesan  or  the  said  commissaries,  shall  be  personally 
present  in  preferring  of  such  sentences,  when  they  by  the  same  diocesan 
or  his  commissaries  shall  be  required ;  and  they  the  same  persons  and 
every  of  them,  after  such  sentence  pronmlgate  shall  receive,  and  them 
before  the  people  in  an  high  place  cause  to  be  burnt,  that  such  punish- 
ment may  strike  fear  into  the  minds  of  others,  whereby  no  such  wicked 
doctrine  and  heretical  and  erroneous  opinions,  nor  their  authors  and 
fautors,  in  the  said  realm  and  dominions,  against  the  catholic  faith, 
Christian  law,  and  determination  of  the  holy  church,  which  God  pro- 
hibit, be  sustained  or  in  any  wise  suffered  in  which  all  and  singular 
the  premises  concerning  the  said  ordinance  and  statute,  the  sheriffs, 
mayors,  and  bailiffs  of  the  said  counties,  cities,  boroughs  and  towns  shall 
be  attending,  aiding,  and  supporting  to  the  said  diocesans  and  their 
commissaries. 

IV.  THE  PEASANT  REBELLION. 

A  general  disintegration  of  society  and  increase  of  strained  relations  between 
social  classes  seems  to  have  been  in  progress  during  the  whole  of  the  fourteenth  cen- 
tury, especially  after  the  Black  Death.  This  is  indicated  by  the  increasing  severity  of 
the  Statutes  of  Laborers,  the  repeated  complaints  of  the  Commons  in  Parliament,  and 
by  the  statute  of  1377,  printed  below.  Its  culmination  was  in  the  great  rising  of  1381. 
The  immediate  result  was  a  close  union  of  the  king  and  the  conservative  classes. 
This  brought  about  the  withdrawal  of  the  charters  of  manumission,  the  pardon  of 
those  who  had  violated  the  law  in  the  putting  down  of  the  rebellion,  and  provision  for 
the  reissue  of  documents  destroyed  by  violence.  The  supposed  connection  of  the 
Lollards  with  the  insurrection  was  utilized  by  the  reactionary  party  in  the  church  and 
by  the  king  to  increase  the  severity  and  the  energy  with  which  they  were  prosecuted. 

I.    LAW    AGAINST   EXCESSES    OF   THE    VILLAINS. 

I  Rich.  II,  c.  6,  Statutes  of  the  Realm,  II,  2,  3. 

At  the  grievous  complaint  of  the  lords  and  commons  of  the  realm, 
as  well  men  of  holy  church  as  other,  made  in  this  Parliament,  of  that 
in  many  lordships  and  parts  of  the  realm  of  England,  the  villains  and 
land  tenants  in  villainage,  who  owe  services  and  customs  to  their  said 
lords,  have  now  late  withdrawn  and  do  daily  withdraw  their  services 
and  customs  due  to  their  said  lords;  by  comfort  and  procurement  of 
other  their  counsellors,  maintainers  and  abettors  in  the  country,  which 
have  taken  hire  and  jirofit  of  the  said  villains  and  land  tenants  by  color 
of  certain  exemplifications  made  out  of  the   book   of  Domesday  of  the 


1 8  TRANSLATIONS   AND   REPRINTS. 

manors  and  towns  where  they  have  been  dwelling,  and  by  virtue  of  the 
same  exemplifications  and  their  evil  interpretations  of  the  same,  they  affirm 
them  to  be  quit  and  utterly  discharged  of  all  manner  of  serfdom,  due  as  well 
of  their  body  as  of  their  said  tenures,  and  will  not  suffer  any  distress  or 
other  justice  to  be  made  upon  them  ;  but  do  menace  the  servants  of  their 
lords  of  life  and  member,  and,  which  is  more,  gather  themselves  together 
in  great  routs,  and  agree  by  such  confederacy,  that  every  one  shall  aid 
other  to  resist  their  lords  with  strong  hand;  and  much  other  harm  they  do 
in  sundry  ways,  to  the  great  damage  of  their  said  lords  and  evil  example 
to  others  to  begin  such  riots ;  so  that  if  due  remedy  be  not  the  rather  pro- 
vided upon  the  same  rebels,  greater  mischief,  which  God  prohibit,  may 
thereof  spring  through  the  realm.  It  is  ordained  and  established  that  the 
lords  which  feel  themselves  grieved,  shall  have  special  commission  under 
the  great  seal  to  the  justices  of  the  peace,  or  to  other  sufficient  persons,  to 
inquire  of  all  such  rebels,  and  of  their  offences,  and  their  counsellors, 
procurers,  maintainors  and  abettors,  and  to  imprison  all  those  that  shall  be 
thereof  indicted  before  them,  as  well  for  the  time  past  as  for  the  time  to 
come,  without  delivering  them  out  of  prison  by  mainprise,  bail  or  other- 
wise, without  assent  of  their  lords,  till  they  be  attainted  or  acquitted  thereof ; 
and  that  the  same  justices  have  power  to  hear  and  determine  as  well  at 
the  king's  suit  as  at  the  suit  of  the  party.  hs  *  * 

And  as  to  the  said  exemplifications,  made  and  purchased  as  afore 
is  said,  which  were  caused  to  come  in  the  Parliament,  it  is  declared  in 
the  said  Parliament  that  the  same  may  not  nor  ought  to  avail,  or  hold 
place  to  the  said  villains  or  land  tenants,  as  to  the  franchise  of  their 
bodies ;  nor  to  change  the  condition  of  their  tenure  and  customs  of  old 
time  due  ;  nor  to  do  prejudice  to  the  said  lords,  to  have  their  services  and 
customs  as  they  were  wont  of  old  time ;  and  it  is  ordained  that  upon 
this  declaration  the  said  lords  shall  have  letters  patent  under  the  great 
seal,  as  many  and  such  as  they  shall  need,  if  they  the  same  require. 

2.    LETTER   OF    JOHN    BALL   TO   THE   COMMONS   OF    ESSEX. 

Thomas  Walsingham,  Historia  Anglicana,  II.,  ^^^  34;  Rolls  Series.      English. 

John  Schep,  som  tyme  Seynt  Marie  prest  of  York,  and  now  of 
Colchester,  greteth  welle  Johan  Nameles,  and  Johan  the  Mullere,  and 
Johan  Cartere,  and  biddeth  hem  that  thei  ware  of  gyle  in  borugh,  and 
stondeth  togiddir  in  Goddis  name,  and  biddeth  Peres  Ploughman  go  to 
his  werke,  and  chastise  welle  Hobbe  the  robber,  and  taketh   with  you 


WITHDRAWAL   OF    MANUMISSIONS.  1 9 

Johan  Trewman,  and  alle  his  felaws,  and  no  mo,  and  loke  schar{)e  you 
to  on  heved,  and  no  mo. 

Johan  the  Muller  hath  ygrownde  smal,  smal,  smal ; 

The  Kyngis  sone  of  hevene  shalle  pay  for  alle. 

Be  ware  or  ye  be  wo, 

Knoweth  your  frende  fro  youre  foo, 

Havetli  ynowe,  and  seythe  *'Hoo;" 

And  do  welle  and  bettre,  and  fleth  synne, 

And  seketh  pees,  and  holde  therynne. 

And  so  biddeth  Johan  Trewman  and  alle  his  felawes. 

3.    CHARTER    OF    MANUMISSION    AND    PARDON    TO    THE    REBELS 
OF    HERTP^ORDSHIRE. 

Thomas  Walsingham,  Historia  Anglicana,  I.,  467,  Rolls  Series.     Latin. 

Richard,  by  the  grace  of  God,  king  of  England  and  France,  and 
lord  of  Ireland,  to  all  his  bailiffs  and  faithful  ones,  to  whom  these 
present  letters  shall  come,  greeting.  Know  that  of  our  special  grace, 
we  have  manumitted  all  of  our  lieges  and  each  of  our  subjects  and  others 
of  the  county  of  Hertford;  and  them  and  each  of  them  have  made  free 
from  all  bondage,  and  by  these  presents  make  them  quit.  And  more- 
over we  pardon  our  same  lieges  and  subjects  for  all  kinds  of  felonies, 
treasons,  transgressions  and  extortions,  however  done  or  perpetrated  by 
them  or  any  of  them,  and  also  outlawry,  if  any  shall  have  been  pro- 
mulgated on  this  account  against  them  or  any  of  them ;  and  our  most 
complete  peace  to  them  and  each  of  them  we  concede  in  these  matters 
In  testimony  of  which  thing  we  have  caused  these  our  lettei-s  to  be  made 
patent.  Witness,  myself,  at  London,  on  the  fifteenth  day  of  June,  in 
the  fourth  year  of  our  reign. 

4.    WITHDRAWAL   OF    MANUMISSIONS. 

5  Rich.  II,  Stat,  i,  c.  6.    Statutes  of  the  Realm,  II,  20.     Latin. 

It  is  ordained  that  all  manner  of  manumissions,  obligations,  re- 
leases, and  other  bonds  made  by  compulsion,  duress  and  threat,  in  the 
time  of  this  last  rumor  and  riot  against  the  laws  of  the  land  and  good 
faith  shall  be  wholly  quashed,  annulled  and  holden  for  void ;  and  they 
which  have  caused  to  l^  made  or  do  yet  withhold  such  manumissions, 
obligations,  releases,  bonds  and  other  deeds,  so  made  by  duress,  shall  be 
sent  before  the  king  and  his  council,  there  to  answer  of  their  deed ;  and 
further,  shall  be  constrained  to  make  delivery  and  restitution  of  the 
said  deeds  to  them  that  made  the  same  against  their  good  will,  with  the 


20  TRANSLATIONS   AND   REPRINTS. 

copies  of  the  same,  if  perchance  they  have  thereof  made  any  before  in  order 
to  use  or  renew  the  effect  of  the  same  another  time,  if  they  may.  And 
likewise,  it  is  accorded  that  all  entries  made  in  lands  or  tenements,  and 
also  all  feoffments  made  in  the  time  of  the  same  rumor  by  compulsion 
and  menace,  or  otherwise  with  force  of  people,  against  the  law,  shall  be 
void  and  holden  for  none.  And  the  king  straitly  forbiddeth  to  all 
manner  of  people,  upon  pain  of  as  much  as  they  are  able  to  forfeit  to 
him  in  body  and  goods,  that  none  from  henceforth  make  nor  begin 
again,  in  any  manner,  such  riot  and  rumor,  nor  other  like  them.  And 
if  any  do  the  same,  and  this  be  duly  proved,  it  shall  be  done  concerning 
him  as  of  a  traitor  to  the  king  and  to  his  said  realm. 

5.  PARDON  OF  THE  KING  TO  THE  LORDS. 

5  Rich.  II,  Stat.  I,  c.  5.    Statutes  of  the  Realm,  II,  20. 

Our  sovereign  lord  the  king,  perceiving  that  many  lords  and  gen- 
tlemen of  his  realm,  and  others  with  them  in  the  rumor  and  insurrection 
of  villains,  and  of  other  offenders,  which  now  of  late  did  traitorously  rise 
by  assemblies  in  outrageous  numbers  in  divers  parts  of  the  realm,  against 
God,  good  faith,  and  reason,  and  against  the  dignity  of  our  sovereign  lord 
the  king  and  his  crown,  and  the  laws  of  his  land,  made  divers  puniiyh- 
ments  upon  the  said  villains  and  other  traitors,  without  due  process  of  the 
law,  and  otherwise  than  the  laws  and  usages  of  the  realm  required, 
although  they  did  it  of  no  malice  prepense,  but  only  to  appease  and  cease 
the  evident  mischief,  and  considering  the  great  diligence  and  loyalty  of 
the  lords  and  gentlemen  in  this  behalf,  which  were  not  learned  of  the  said 
laws  and  usages,  and  though  at  that  time  they  had  been  learned,  a  man 
might  not  upon  those  punishments  have  tarried  the  process  of  the  law, 
and  that  this  they  did  with  good  intent,  of  their  advice  and  of  their  good 
discretions,  and  willing  therefore  to  do  them  grace,  according  as  they  have 
the  same  greatly  deserved,  of  the  assent  aforesaid  hath  pardoned  and  re- 
leased to  the  said  lords  and  gentlemen,  and  all  others  being  in  their  aid  at 
the  same  deed,  and  to  every  of  them,  as  much  as  to  him  thereof  per- 
taineth,  or  to  him  and  to  his  heirs  may  pertain  ;  so  that  hereafter  for  what- 
soever thing  that  was  done  by  them  upon  the  said  punishments  in  resist- 
ance, they  shall  never  be  impeached  nor  grieved  in  body,  goods,  nor  their 
heritages  and  possessions,  in  any  way,  by  our  sovereign  lord  the  king,  his 
heirs  or  ministers,  nor  none  other  in  time  to  come,  but  utterly  shall  be 
thereof  quit  for  ever  by  this  grant  and  statute  without  having  thereof 
other  special  charter  or  pardon. 

UNIVERSITY 


GENERAL  LIBRARY 

UNIVERSITY  OF  CALIFORNIA— BERKELEY 

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